
                                       
                                       
                           Supporting Statement For
                     Information Collection Request (ICR) 
                   Number 2712.01, OMB Control No. 2050-NEW
"Integrating e-Manifest with Hazardous Waste Exports and
Other Manifest-Related Reports, PCB Manifest Amendments
and Technical Corrections  -  Proposed Rule"
                                       
                                       












                                December  2021

                               TABLE OF CONTENTS
                                       
                                       
1.	IDENTIFICATION OF THE INFORMATION COLLECTION	1
1A.	Title and Number of the Information Collection	1
1B.	Short Characterization	1
2.	NEED, AUTHORITY & USE FOR THE INFORMATION	2
2A.	Need & Authority to Collect Information	2
2B.	Practical Utility & Users of the Information	3
3.	NONDUPLICATION, CONSULTATIONS & OTHER COLLECTION CRITERIA	5
3A.	Nonduplication	5
3B.	Public Notice	5
3C.	Consultations	5
3D.	Effects of Less Frequent Collection	6
3E.	General Guidelines	6
3F.	Confidentiality	7
3G.	Sensitive Questions	7
4.	THE RESPONDENTS AND THE INFORMATION COLLECTED	8
4A.	Respondent Standard Industrial Classification Codes	8
4B.	Information Requested	8
5.	AGENCY ACTIVITIES, COLLECTION METHODOLOGY & INFORMATION MANAGEMENT	47
5A.	Agency Activities	47
5B.	Collection Methodology & Management	47
5C.	Small Entity Flexibility	47
5D.	Collection Schedule	48
6.	ESTIMATE OF BURDEN HOURS & COST	50
6A.	Estimating the Respondent Universe	51
6B.	Estimating Respondent Costs	55
6C.	Estimating Agency Hour and Cost Burden	57
6D.	Estimating Respondent Hours and Costs	58
6E.	Bottom Line Burden Hours and Cost	69
6F.	Reasons for Change in Burden	70
6G.	Burden Statement	71

Appendix: Respondent and Agency Exhibits
1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1A.	Title and Number of the Information Collection

This ICR is entitled, "Requirements for Generators, Transporters, and Waste Management Facilities under the RCRA Hazardous Waste Manifest System," EPA ICR No. 2712.01, OMB Control No. 2050-NEW.

1B.	Short Characterization

Section 3002(a)(5) of the Resource Conservation and Recovery Act (RCRA) directs the U.S. Environmental Protection Agency (EPA) to "...establish requirements respecting...use of a manifest system and any other reasonable means necessary to assure that all such hazardous waste generated is designated for treatment, storage, or disposal, and arrives at treatment, storage, or disposal facilities...for which a permit has been issued..."  Under this authority, EPA published regulations for a manifest system on February 26, 1980 (45 FR 12724). EPA established requirements for manifest completion, transmittal, and recordkeeping for hazardous waste generators at 40 CFR Part 262, Subpart B, for transporters at Part 263, Subpart B, and for treatment, storage, and disposal facilities (TSDFs) at Parts 264 and 265, Subpart E. EPA also requires the use of the Uniform Hazardous Waste Manifest (UHWM or manifest). Since then, EPA has modified the manifest regulations on a number of occasions. 
      
On February 7, 2014, EPA finalized a rule establishing requirements that authorize the use of electronic manifests (or e-Manifests) as a means to track offsite shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste (79 FR 7518). The final e-Manifest rule also implemented the provisions of the Hazardous Waste Electronic Manifest Establishment Act, P.L. 112-195, which directs EPA to establish a national electronic manifest system (or e-Manifest system). The rule clarifies explicitly that electronic manifest documents obtained from the Agency's national e-Manifest system and completed in accordance with the rule's provisions are the legal equivalent of the paper manifest forms that are currently authorized for use in tracking hazardous waste shipments. The electronic manifest documents authorized by the final regulation are available to manifest users as an alternative to the paper manifest forms.

On January 3, 2018, EPA finalized a rule that set forth a new 5-part manifest and continuation sheet and established the fee methodology that EPA uses to determine the user fees applicable to the electronic and paper manifests submitted to the national system (83 FR 420). EPA launched the e-Manifest system on June 30, 2018. Beginning on this date, designated TSDFs and other receiving facilities must submit a copy of each paper manifest to the e-Manifest and pay a user fee for each paper or electronic manifest.

EPA is now proposing certain amendments to the e-Manifest regulations for shipments of hazardous waste that are exported for treatment, storage, and disposal. In addition, EPA proposes regulatory amendments to the three manifest-related, written reports, including: (1) Exception Report, (2) Discrepancy Report, and (3) Unmanifested Waste Report, which address specific issues that arise in the use of the manifest. Because much of the manifest information that is the basis for these separate reports will be available in e-Manifest, EPA is proposing regulatory changes so that these reports can be transmitted electronically and more efficiently in the e-Manifest system rather than as separate, written reports. Further, EPA proposes conforming regulatory changes to the Toxic Substances Control Act (TSCA) manifest regulations for polychlorinated biphenyls (PCB) wastes. PCB wastes are not hazardous wastes pursuant to RCRA but are required under TSCA regulations to be tracked under a RCRA hazardous waste manifest when transported from the site of generation to an off-site facility for commercial storage or disposal. Proposed changes to the TSCA manifest regulations are necessary to align with the RCRA manifest regulations and the e-Manifest Program. EPA also proposes regulatory changes to the RCRA hazardous waste export and import shipment international movement document related requirements to more closely link the manifest data with the international movement document data. Finally, the Agency proposes to make technical corrections to fix typographical errors in the e-Manifest and movement document regulations.

This document describes the proposed changes to the information collection requirements in the e-Manifest regulations. It also estimates the associated hour and cost burden to respondents and EPA annually.

2.	NEED, AUTHORITY & USE FOR THE INFORMATION

2A.	Need & Authority to Collect Information

EPA's authority to require use of a hazardous waste manifest system stems primarily from section 3002(a)(5) of RCRA, as discussed in Section 1B. See also RCRA sections 3003(a)(3) and 3004. In addition, the Hazardous Waste Electronic Manifest Establishment Act, PL112-195 was established by the U.S. Congress expressly to direct EPA to establish a national e-Manifest system, as well as to facilitate the establishment of the e-Manifest system by providing EPA with explicit statutory authority needed to implement the electronic manifest in a self-sustaining manner. Among other things, the e-Manifest Act directs EPA to promulgate final regulations, after consultation with the Secretary of Transportation, authorizing the use of electronic manifests within 1 year of enactment. The Act also directs the Agency to establish an e-Manifest system that may be used by any user within 3 years from the date of enactment of the Act.

The manifest (including the electronic manifest) serves an essential role as a control and transport document that accompanies the waste from its generation site to its treatment, storage, or disposal site. Among other things, the manifest lists the wastes that are being shipped and the treatment, storage, or disposal facility (TSDF) or other receiving facility to which the wastes are bound. The term "manifest system" refers to the overall set of requirements for the use of the manifest. 

The RCRA manifest requirements are needed to ensure that hazardous waste designated for delivery to an offsite facility actually reaches its receiving. Thus, the manifest system serves as a self-enforcing mechanism that requires generators, transporters, and owner/operators of designated facilities to participate in an active hazardous waste tracking system. This system does not ordinarily involve intervention on the part of EPA unless hazardous wastes do not reach their designated point of disposal within a specified timeframe. 

The critical components of the manifest system include the information required on the manifest itself, the transmittal of manifest copies to specified parties, the submission of exception, discrepancy, and un-manifested waste reports to EPA, and recordkeeping requirements. Each of these components assists in tracking the waste and helps the Agency in reviewing whether hazardous waste shipments have been handled properly. The manifest, by incorporating U.S. Department of Transportation (DOT) requirements applicable to shipping papers, also serves as an important safety tool. In the event of an accident during transport or delivery, information on the manifest, such as the identification of the waste's hazard class, can be used to help response teams determine appropriate response actions.

Although the generators, transporters, designated facilities, and emergency response teams (in the case of accidents) are the primary users of these records, EPA may review these documents during a facility inspection to make sure proper records are being kept and regulations are complied with. EPA also reviews and responds to exception reports, discrepancy reports, and un-manifested waste reports. As envisioned, the public will also have access to data in the e-Manifest system.

2B.	Practical Utility & Users of the Information

The manifest serves a number of vital uses to industry, regulators, EPA and the public. For example, it:

Is a chain-of-custody document used by industry and regulators to track each shipment of hazardous waste from the generator to designated facility. Generators receive a copy of the manifest returned by the designated facility to confirm receipt of shipment. Each waste handler involved in the shipment keeps a copy and thus can be held accountable for proper handling and shipment. 
          
Provides information requirements sufficient to allow the use of a manifest in lieu of a United States Department of Transportation (USDOT) shipping paper or bill of lading, thereby reducing the duplication of paperwork to the regulated community.
          
Provides information to transporters and waste management facility workers on the hazardous properties of the waste. When a waste is received at the designated facility, fingerprint analyses are performed to ensure that the shipped wastes match the manifest (e.g., the facility may check for color, specific gravity, etc.). If a significant discrepancy between the waste and manifest is found, the designated facility needs to contact the generator to determine next steps (e.g., proper disposition of the waste). In this respect, the manifest facilitates the safe and proper handling, treatment, storage and disposal of the shipped wastes before and after designated facility acceptance.
      
          Informs emergency response teams of the waste's hazard in the event of an accident, spill, or leak.

          Can be used by regulators and the public to learn about shipments of hazardous wastes to and from generators and designated facilities. In addition, generators and designated facilities often use manifest data as an input into the development of the Biennial Reports, which are required under Parts 262, 264, and 265. These Biennial reports are made public by EPA.
         

3.	NONDUPLICATION, CONSULTATIONS & OTHER COLLECTION CRITERIA

3A.	Non-duplication

No document identical or similar in purpose to the manifest is required by the federal government for the shipment of RCRA hazardous waste. Although a USDOT hazardous materials shipping paper contains most of the information contained on the manifest, it does not appear to be legally sufficient to track hazardous waste shipments from the generator to the designated facility (i.e. from "cradle-to-grave"). For example, USDOT's shipping paper does not require EPA ID numbers and signatures of the transporters and all other chain-of-custody entities involved in shipping or handling the hazardous waste. EPA requires such signatures and identification numbers on the manifest to ensure accountability of each waste handler during shipment of the hazardous waste. Also, since EPA coordinated the development of the manifest with USDOT, the manifest form can be used as a USDOT shipping paper, thus eliminating the need for the transporter to carry both documents. Furthermore, the manifest form was developed as a means of standardizing the information requirements, both federal and state, thereby eliminating the need for a generator to complete and a transporter to carry multiple manifests for interstate shipments.

3B.	Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA is soliciting public comments on the information collection requirements covered in this ICR through the proposed rule's announcement in the Federal Register. At the end of the comment period, EPA will summarize public comments received on the information collection burden estimates and assumptions, and describe how the comments were considered in developing the ICR for the final rule. 

3C.	Consultations

EPA developed an ICR, titled "Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System (EPA ICR No. 2050-0039)", for the e-Manifest rules and e-Manifest system. The ICR provides an overview of the collection for information required under the e-Manifest system and estimates the cost and time for manifest users to respond to the requirements. EPA solicited public comments on this ICR through an announcement in the Federal Register on February 8, 2019 (84 FR 2854). To further reduce the administrative burden of the e-Manifest rule and system on manifest users, EPA proposed changes to the manifest forms. Specifically, EPA proposed and solicited comments and information to: (1) improve the precision of waste quantities and units of measure reported in Items 11 and 12 of the hazardous waste manifest (both paper and electronic), respectively; (2) enhance the quality of international shipment data reported on the manifest; and (3) assist EPA with integrating e-Manifest and Biennial Report (BR) requirements. EPA received no comments on the ICR's draft hourly burden or cost estimates. However, EPA received ten comments from industry and state stakeholders regarding the proposed manifest form changes detailed in the notice. A few issues raised by commenters in response to the February 2019 public notice prompted the Agency to pursue further engagement with stakeholders before making final decisions concerning the RCRA hazardous waste manifest form and e-Manifest system. 

On June 18-20, 2019, EPA convened the e-Manifest Advisory Board to hold a public meeting, entitled "Increasing Adoption of the e-Manifest system." The primary goals of the Advisory Board meeting were to: (1) identify the main challenges generators and other waste handlers face when using fully electronic manifests; and (2) obtain advice from the Board on ways to increase adoption of electronic manifests. EPA requested input from the Board on identifying the main challenges generators, transporters, and receiving facilities face with using fully electronic manifests and possible solutions to the challenges. To incentivize greater e-Manifest adoption by waste handlers, the Board recommended EPA integrate the Biennial Reports, Discrepancy Reports, Exception Reports, and Unmanifested Waste Reports in the e-Manifest system. The proposed rule reflects EPA's proposed changes to several areas of e-Manifest system to incorporate the recommendations provided by the Board.

3D.	Effects of Less Frequent Collection

Since the manifest is required to accompany all shipments of hazardous waste when shipped offsite by the generator, less frequent preparation is not possible. The frequency of offsite shipment is determined by the generator and depends on: (1) the quantities of waste to be shipped as they impact the economies of shipment; (2) transporter scheduling; and (3) the applicable regulatory requirements. The present system gives the generator the opportunity to maximize the economies of offsite shipments by selecting a shipping frequency that is appropriate for the rate of waste generation. Further, by requiring a manifest to accompany each shipment, EPA ensures the manifest is available in the case of a discharge of hazardous waste during transportation. Information on the manifest could be useful to emergency response personnel responding to the scene. In this regard, less frequent manifesting could result in a less expedient or protective response to the release. 

3E.	General Guidelines

This ICR adheres to the guidelines stated in the Paperwork Reduction Act (PRA) of 1995, OMB's implementing regulations, EPA's ICR Handbook, and other applicable OMB guidance.
EPA intends to omit the expiration date from the forms being submitted in this ICR. The information collected on the forms is modified infrequently. Since inclusion of the expiration date on the forms in these circumstances provides little to no value for the public, EPA intends to omit it from the forms. 

3F.	Confidentiality

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality. In addition, 40 CFR 260.2(a), which was amended by the final e-Manifest rule, provides that any information provided to EPA under 40 CFR Parts 260 through 266 and 268 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, as applicable. 

40 CFR 260.2(b) provides that, except as provided under section 260.2(c) and (d), any
person who submits information to EPA in accordance with parts 260 through 266 and 268 may
assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in section 2.203(b). 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.

Section 260.2(c) clarifies that 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 section 262.20(a)(3). EPA will make any electronic manifest that is prepared and used in accordance with section 262.20(a)(3), or any paper manifest that is submitted to the system under sections 264.71(a)(6) or 265.71( a)(6) available to the public 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.

3G.	Sensitive Questions

No questions of a sensitive nature are included in any of the information collection requirements.

4.	THE RESPONDENTS AND THE INFORMATION COLLECTED

4A.	Respondent Standard Industrial Classification Codes

Following are the Standard Industrial Classification (SIC) codes and the North American Industry Classification System (NAICS) codes of facilities most likely subject to the requirements in this ICR.


                               Industrial Sector

                                  SIC Code(s)

                                 NAICS Code(s)

Agriculture, Forestry, Fishing, and Hunting

                                     01-09

                                      11

Mining

                                     10-14

                                      21

Utilities

                                      49

                                      22

Construction 

                                     15-17

                                      23

Manufacturing

                                     20-39

                                     31-33

Wholesale Trade

                                     50-51

                                      42

Retail Trade

                                     52-59

                                     44-45

Transportation and Warehousing

                                     40-47

                                     48-49

Information

                           27, 48, 73 (partial), 78

                                      51

Waste Management & Remediation Services

                               1799, 4953, 4959

                                      562

Public Administration

                                     91-97

                                      92


4B.	Information Requested
      
This section presents information collection requirements in the existing manifest regulations, as modified by the proposed rule.

There are 4 categories of respondents that would perform these requirements, described below. This section describes the requirements that apply to each category.

Manifest printer registrant organizations  -  organizations that apply to EPA for approval to produce the paper manifest for use and distribution.
Hazardous waste generators  -  sites that generate hazardous waste and ship it offsite.
Hazardous waste transporters  -  entities that transport hazardous waste on public roads.
Designated (receiving) facilities  -  facilities that receive offsite shipments for management and disposal.  Note that, normally, these facilities also generate hazardous waste and therefore qualify as hazardous waste generators. 

The respondents in each category are expected to read the manifest regulations and, for electronic manifests, the e-Manifest User Guide each year.

Manifest Printer Registrant Organizations

      (a)	Applying to the Registry

40 CFR 262.21(a) provides that a person may not print the manifest for use or distribution unless his/her organization (e.g., company, state agency) has received approval from EPA to do so under 40 CFR 262.21(c) and (e). In order to receive EPA approval, a registrant must submit to EPA an application that contains the information specified in 40 CFR 262.21(b). Upon EPA approval of the application, the registrant must submit 3 fully assembled manifests and, if needed, continuation sheets that meet the specifications of 40 CFR 262.21(f) and a description of the form samples, as specified in 40 CFR 262.21(d). In reviewing these submittals, EPA may request modification to them before approval.

Under the proposed rule, existing registrants will be required to submit 3 fully assembled manifests and, if needed, continuation sheets that meet the specifications of 40 CFR 262.21(f) and a description of the form samples, as specified in 40 CFR 262.21(d).

      Data Items
          
An application to the Registry. 
Three fully assembled manifests and, if needed, continuation sheets.
A description of the manifest samples.

      Respondent Activities
          
Prepare and submit initial application.
Submit revised initial application to EPA, if requested.
Submit 3 fully assembled manifests and, if needed, continuation sheets and a description of the form samples. 
Submit revised form samples based on EPA comment on the initial samples, if requested.

      (b)	Updating General Information in the Approved Application

40 CFR 262.21(h)(1) provides that, if an approved registrant would like to update any of the information provided in its application (e.g., to update a company phone number or name of contact person), the registrant must revise the application and submit it to EPA, along with an indication or explanation of the update, as soon as practicable after the change occurs. EPA will review and either approve or deny the revision. If the revision is denied, the registrant must respond to the Agency's concerns.

      Data Item

Revised application, along with an indication or explanation of the update.
          
       Respondent Activities
       
Revise and submit the application to EPA, along with an indication or explanation of the update.
Respond to the Agency's concerns, if applicable.

      (c)	Requesting Approval for a New Tracking Number Suffix

40 CFR 262.21(h)(2) provides that, if an approved registrant would like a new tracking number suffix, the registrant must submit a proposed suffix to EPA, along with the reason for requesting it. 

      Data Item
      
Proposed tracking number suffix, along with the reason for requesting it.
      
      Respondent Activity
      
Submit a proposed tracking number suffix, along with the reason for requesting it.
      
      (d)	Requesting Approval for Changes to Printing Specifications or Use of a New Printer

40 CFR 262.21(h)(3) provides that, if a registrant would like to change the paper type, paper weight, ink color of the manifest instructions, or binding method of its manifest or continuation sheet subsequent to approval under 40 CFR 262.21(e), then the registrant must submit 3 samples of the revised form for EPA review and approval. If the approved registrant would like to use a new printer, the registrant must submit 3 manifest samples printed by the new printer, along with a brief description of the printer's qualifications to print the manifest. In reviewing these submittals, EPA may request modification to them before approval.

      Data Items

Three samples of the manifest form and/or continuation sheet.
A brief description of the qualifications of the new printer, if applicable.

      Respondent Activities
      
Submit 3 samples of the manifest form and/or continuation sheet and, if applicable, a brief description of the qualifications of the new printer.
Submit revised manifest form and/or continuation sheet samples to EPA, if requested.

      (e) 	Typesetting the Manifest Form Subsequent to its Approval

40 CFR 262.21(i) provides that, if subsequent to its approval under 40 CFR 262.21(e), a registrant typesets its manifest or continuation sheet instead of using the electronic file of the forms provided by EPA, it must submit 3 samples of the manifest or continuation sheet to the registry for approval. The registrant cannot use or distribute its typeset forms until EPA approves them. 
      
      Data Item
      
Three samples of the manifest or continuation sheet.

      Respondent Activity
      
Submit 3 samples of the manifest or continuation sheet to the registry for approval.

      (f) 	Requesting an Exemption
      
40 CFR 262.21(j) provides that EPA may exempt a registrant from the requirement to submit form samples under 40 CFR 262.21(d) or 262.21(h)(3) if the Agency is persuaded that a separate review of the registrant's forms would serve little purpose in informing an approval decision (e.g., a registrant certifies that it will print the manifest using the same paper type, paper weight, ink color of the instructions, and binding method of the form samples approved for some other registrant). A registrant may request an exemption from EPA by indicating why an exemption is warranted. 
      
      Data Item
      
Documentation indicating why an exemption is warranted.

      Respondent Activity
      
Submit documentation to EPA indicating why an exemption is warranted.

      (g)	Notifying EPA of a Printing Specification Violation

40 CFR 262.21(k) requires an approved registrant to notify EPA by phone or email as soon as it becomes aware that it has used or distributed manifests that contain duplicated manifest tracking numbers.
      
      Data Item
      
Notification of duplicated manifest tracking numbers.

      Respondent Activity
      
Notify EPA of duplicated manifest tracking numbers.

      (h)	Revising the Approved Manifest if Requested by EPA

40 CFR 262.21(l) provides that, if, subsequent to approval of a registrant under 40 CFR 262.21(e), EPA becomes aware that the registrant's approved form does not satisfactorily meet the print specifications in 40 CFR 262.21(f), EPA will contact the registrant and require modifications to the form.
            
      Data Item
          
Revised manifest form samples.

      Respondent Activity
          
Submit revised manifest form samples to EPA, if requested.

      (i)	Responding to Suspension and Revocation Procedures

40 CFR 262.21(m) provides that EPA may suspend and, if necessary, revoke printing privileges if it finds that the registrant: (i) has deviated from its application approved under 40 CFR 262.21(c) in printing the form; (ii) has knowingly used or distributed forms that deviate from its approved form samples in regard to paper weight, paper type, ink color of the instructions, or binding method; or (iii) exhibits a continuing pattern of behavior in using or distributing manifests that contain duplicate manifest tracking numbers. EPA will send a warning letter to the registrant that specifies the date by which it must come into compliance with the requirements. If the registrant does not come in compliance by the specified date, EPA will send a second letter notifying the registrant that EPA has suspended or revoked its printing privileges. An approved registrant must provide information on its printing activities to EPA if requested. 

      Data Item
      
Information requested by EPA.

      Respondent Activity
      
Submit information if requested by EPA.

Hazardous Waste Generators
      
      (a)	Manifest Completion

40 CFR 262.20(a)(1) requires generators who transport, or offer for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility who offers for transport a rejected hazardous waste load, to prepare a manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A. Section 262.20(a)(3) provides that, in lieu of using the manifest form specified in section 262.20(a)(1), a person required to prepare a manifest under section 262.20(a)(1) may prepare and use an electronic manifest, provided that the person complies with the requirements in section 262.24 for use of electronic manifests, and the requirements of 40 CFR 3.10 for the reporting of electronic documents to EPA. 

Section 262.20(b) provides that a generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest. Section 262.20(c) provides that a generator may also designate on the manifest one alternate facility which is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

In addition, 40 CFR 262.83(c) and 262.84(c) establish special manifesting completion requirements for hazardous waste exporters and importers, respectively, and state that they are also subject to the manifest requirements of Part 262 as applicable. [Note: In regard to exporters and importers, this ICR addresses the manifest requirements applicable to their manifests under Part 262, Subpart B as well as the requirements of sections 262.83(c) and 262.84(c) which are found in Part 262, Subpart H. The ICR, "Hazardous Waste Generator Standards" (EPA ICR Number 820, OMB Control 2050-0035), addresses the other Subpart H requirements applicable to exporters and importers. Throughout this Manifest ICR, EPA uses the term "generator" to apply to any person who is required to prepare a manifest for a domestic, export or import shipment.]

Generators completing paper and electronic manifests must comply with all other manifest requirements of Part 262 as applicable, including sections 262.22, 262.23, 262.24, 262.25, and 262.27 as well as the instructions associated with the manifest and continuation sheet. 

40 CFR 262.24 establishes the legal equivalence of the e-Manifest to the paper manifest. It provides that electronic manifests that are obtained, completed, and transmitted in accordance with section 262.20(a)(3), and used in accordance with section 262.24 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. It also addresses other issues related to e-Manifests (e.g., requirements for a printed copy of the manifest). [Note: Refer to "Use of the Electronic Manifest" in this section for additional information.]  

      Data Items
      
Paper or electronic manifest and, if needed, continuation sheet.
      
      Respondent Activities
      
      Paper Manifest
      
Generators must perform the following: 
Complete the manifest for domestic, export, and import shipments; and
Complete continuation sheet, if required.
      
	Electronic Manifest

 Generators must perform the above activities for completing the electronic manifest.
      
      (b)	Compliance with State Program Requirements

Under 40 CFR 262.21(g)(2), generators must determine whether the consignment state regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. Generators must also determine whether the consignment state or generator state requires the generator to submit any copies of the manifest to these states.

      Data Item
      
Information provided by the state on its manifest program.
      
      Respondent Activities
      
Generators must contact the consignment/generator state if needed and submit any copies of the manifest to these states, as applicable.
          
      (c)	Manifest Transmittal and Recordkeeping

Under the existing manifest regulations, generators must transmit and keep records of the manifest in accordance with 40 CFR 262.23, 262.40, 262.44, 262.83(c) and 262.84(c) as appropriate. A generator must sign, date and give copies of the manifest to the transporter along with the hazardous and retain copies of the manifest. For shipments of hazardous waste within the US solely by water (bulk shipments only), the generator, as required by 40 CFR 262.23(c), must send 3 copies of the manifest to the owner/operator of the designated facility or the last water transporter to handle the waste in the US if exported by water. For rail shipments of hazardous waste within the US which originate at the site of generation, the generator, as required under 40 CFR 262.23(d), must send at least 3 copies of the manifest to the next non-rail transporter, the designated facility, or the last rail transporter to handle the waste in the US if exported by rail. For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility, as required under 40 CFR 262.23(e). In addition, 40 CFR 262.84(c)(4) requires the importer to provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with 40 CFR 264.71(a)(3) and 265.71(a)(3). 

In the event a small quantity generator's (SQG's) waste is reclaimed under a contractual agreement pursuant to 40 CFR 262.20(e)(1), the SQG must retain the reclamation agreement for at least 3 years from the date of termination or expiration of the agreement, as required by 40 CFR 262.20(e)(2). 

40 CFR 262.24 establishes the legal equivalence of the e-Manifest to the paper manifest. It provides that electronic manifests that are obtained, completed, and transmitted in accordance with section 262.20(a)(3), and used in accordance with section 262.24  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. It also addresses other issues related to e-Manifests (e.g., requirements for a printed copy of the manifest). Note that EPA amended section 262.24(c) regarding restriction on the use of the manifest. [Note: Refer to "Use of the Electronic Manifest" in this section for additional information.]

The proposed rule modifies some of the procedures that generators need to follow in transmitting the manifest. For exports, proposed section 262.83(c)(2)(ii) would require the exporter to enter the exporter's EPA ID and email address on the continuation sheet if the shipment was not initiated by the exporter. In addition, per proposed sections 262.83(c)(4) and 262.83(c)(5), the exporter would be required to submit the manifest to the e-Manifest system for purposes of data entry and processing. For imports, the proposed rule would delete the requirement in 40 CFR 262.84(c)(4) that the importer provide an additional copy of the manifest to the transporter per sections 264.71(a)(3) and 265.71(a)(3). These proposed changes are reflected in the data items and respondent activities listed below.

      Data Items
      
Paper or electronic manifest.
Reclamation agreement for SQG tolling arrangements. 

      Respondent Activities
      
      Paper Manifest
      
Generators must perform the following:
          
Sign the manifest certification and obtain the signature of the initial transporter and date of acceptance on the manifest in accordance with 40 CFR 262.23(a) and 262.84(c).
Keep a copy of the manifest and give the remaining copies to the initial transporter, in accordance with 40 CFR 262.23(a) & (b) and 262.84(c).
Keep a copy of the manifest returned from the designated facility for at least 3 years from the date the waste was accepted by the initial waste transporter, in accordance with 40 CFR 262.40(a) or 262.44(a).
For shipments solely by water, send 3 copies of the manifest, dated and signed in accordance with 40 CFR 262.23(a), to the designated facility or the last water transporter to handle the waste in the US, as required by 40 CFR 262.23(c). [Note:  Copies of the manifest are not required for each transporter.]
For shipments by rail originating at the site of generation, send at least 3 copies of the manifest to the next non-rail transporter, the designated facility, or the last rail transporter to handle the waste in the US, as required by 40 CFR 262.23(d).
 
          For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, contact the designated facility to assure it agrees to sign and return the manifest to the generator and that any out-of-state transporter signs and forwards the manifest to the designated facility, as required under 40 CFR 262.23(e).
          
          Exporters of hazardous waste must:
 Enter the exporter's EPA ID and email address on the continuation sheet (if the shipment is not initiated by the exporter).
 Submit the manifest to the e-Manifest system for purposes of data entry and processing.
          
An SQG operating under a tolling agreement must retain a copy of each reclamation agreement, if applicable, for at least 3 years after the termination or expiration of the agreement, as required by 40 CFR 262.20(e)(2).

	Electronic Manifest

 Generators must perform the above activities for completing, signing, providing, using and retaining the electronic manifest. Note that, under 40 CFR 262.24(c)(1), a generator may sign by hand and retain a paper copy of the electronic manifest, rather than electronically signing it, thereby allowing the transporter and subsequent waste handlers to use the electronic manifest for that shipment.

      (d)	Use of the Electronic Manifest
      
      (d1)	Legal Equivalence to Paper Manifest
      
40 CFR 262.24(a) establishes the legal equivalence of the e-Manifest to paper manifests. It provides that electronic manifests that are obtained, completed, and transmitted in accordance with section 262.20(a)(3), and used in accordance with section 262.24  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. It provides that (1) 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 section 262.25(a); (2) 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; (3) 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; (4) 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. [Note:  There are no data items or activities associated with section 262.24(a).]
      
      (d2)	Accessing the e-Manifest
      
40 CFR 262.24(b) provides that 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 offsite transportation. [Note:  There are no data items or activities associated with section 262.24(b).]
      
      (d3)	Restriction on Use of Electronic Manifests
      
40 CFR 262.24(c) provides that 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 a generator may sign by hand and retain a paper copy of the 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. [Note:  Refer to "Manifest Transmittal and Recordkeeping" in this section for generator data items and activities associated with this provision.]

      (d4)	Requirement for One Printed Copy  
      
40 CFR 262.24(d) provides that, 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 1 printed copy of the electronic manifest. [Note:  Refer to "Manifest Transmittal and Recordkeeping" in this section for generator data items and activities associated with transmitting a paper manifest with the e-Manifest.]
      
      (d5)	Special Procedures when Electronic Manifest is Unavailable
      
40 CFR 262.24(e) provides that, 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 in the appendix to Part 262 and use these paper forms from this point forward in accordance with the requirements of 40 CFR 262.23. [Note:  Refer to "Manifest Completion" in this section for generator data items and activities associated with paper manifest completion.]

      (d6)	Special Procedures for Electronic Signature Methods Undergoing Tests  
      
40 CFR 262.24(f) provides that, 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 section 262.24(d). [Note:  Refer to "Manifest Transmittal and Recordkeeping" in this section for generator data items and activities associated with electronically signing a manifest.]

	(d7)	Post-Receipt Manifest Data Corrections

40 CFR 262.24(h) provides that, 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 40 CFR 264.71(l), which applies to corrections made to either paper or electronic manifest records. [Refer to "Post-Receipt Manifest Data Corrections" for designated TSDFs in this section for additional information.]

      Data Item
      
 A correction submission.

      Respondent Activities

 Off-line generators (i.e., generators that do not have system access) will submit their email address and related contact information to the system to be notified of manifest corrections by other parties.
         
 Generators with system access may submit a correction or receive a notice of another submitter's correction and respond with comments to the submitter or submit another correction to the system.

	(e)	Electronic Manifest Signatures

40 CFR 262.25(a) provides that electronic signature methods for the e-Manifest system shall (1) be a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures; and (2) 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. [Note:  There are no data items or activities associated with section 262.25(a).]

      (f)	Undeliverable Shipments

If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste, as required by 40 CFR 262.20(d). 40 CFR 262.84(c)(5) provides that, in lieu of the requirements of section 262.20(d), where an import shipment cannot be delivered for any reason to the receiving facility, the importer must instruct the transporter in writing via fax, email or mail to (i) return the hazardous waste to the foreign exporter or designate another facility within the United States; and (ii) revise the manifest in accordance with the importer's instructions.

      Data Items
      
Instructions to the transporter on how to deal with shipments that cannot be delivered to the designated or the alternate designated facility.
          
For imports: Instructions to the transporter in writing via fax, email or mail, as specified.

      Respondent Activities
      
For shipments that a transporter is unable to deliver to the designated facility or the alternate facility, generators must designate another facility or instruct the transporter to return the waste, as required by section 262.20(d).
          
          In lieu of the requirements of section 262.20(d), where an import shipment cannot be delivered for any reason to the receiving facility, the importer must instruct the transporter in writing via fax, email or mail to (i) return the hazardous waste to the foreign exporter or designate another facility within the United States; and (ii) revise the manifest in accordance with the importer's instructions.
         
      (g)	Rejected Waste and Container Residues

Under 40 CFR 262.23(f), for rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility (following the procedures of 40 CFR 264.72(f) or 265.72(f)), the generator must sign either (i) Item 20 of the new manifest if a new manifest is used for the returned shipment; or (ii) Item 18c of the original manifest if the original manifest is used for the returned shipment. The generator must provide the transporter a copy of the manifest and, within 30 days of delivery of the rejected shipment or container residues contained in non-empty containers, the generator must send a copy of the manifest to the designated facility that returned the shipment to the generator and retain at the generator's site a copy of each manifest for at least three years from the date of delivery.

      Data Item

A paper or electronic manifest.
      
      Respondent Activities
      
      Paper Manifest
      
Generators must perform the following activities:
Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
Provide the transporter a copy of the manifest.
Within 30 days of delivery, send a copy to the designated facility that returned the shipment to the generator.
Retain a copy.
       
       Electronic Manifest
         
 Generators must perform the above activities in accordance with sections 262.20(a)(3) and 262.24 for completing, signing, providing, using and retaining the electronic manifest.
       
      (h)	Exception Reports:  Completion, Submission, and Recordkeeping

In the event a large quantity generator (LQG) does not receive a copy of the signed manifest from the designated facility owner/operator within 35 days of the date the waste was accepted by the initial transporter, the LQG must contact the transporter and/or the owner/operator of the designated facility to determine the status of the hazardous waste. The LQG must submit an exception report to EPA if he/she has not received a copy of the signed manifest from the designated facility owner/operator within 45 days of the date the waste was accepted by the initial transporter and must retain a copy of the exception report for at least 3 years from the due date of the report, in accordance with 40 CFR 262.42(a) and 262.40(b). 

In the event an SQG does not receive a copy of the signed manifest from the owner/operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter, he/she must submit to the EPA Regional Administrator a legible copy of the manifest with some indication that he has not received confirmation of delivery, in accordance with 40 CFR 262.42(b). 

As required by 40 CFR 262.42(c), for rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of 40 CFR 264.72(e)(1) through (6) or 40 CFR 265.72(e)(1) through (6)), the generator must comply with the requirements of 40 CFR 262.42(a) or (b), as applicable, for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of paragraph (a) or (b) for a shipment forwarding such waste to an alternate facility by a designated facility, the copy of the manifest received by the generator must have the handwritten signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility. The 35/45/60-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility. 

Proposed new sections 262.42(d) and (e) establish a more-automated, electronic exception report system, wherein the validation for the need for an exception report, as well as generation of the report itself, will be conducted automatically. Then, provided the generator is registered with the system, they can sign the auto-generated report and have it sent directly to EPA. These proposed changes are reflected in the data items and respondent activities listed below.

      Data Item
      
An exception report (for LQGs) or a legible copy of the manifest with some indication that the SQG has not received confirmation of delivery letter (for SQGs). 

      Respondent Activities
      
LQGs must perform the following:
Prepare and submit a signed cover letter to EPA explaining the generator's efforts to locate the hazardous waste and the results of those efforts, along with a legible copy of the manifest, in accordance with 40 CFR 262.42(a)(2)(i) and (ii).
Keep a copy of each exception report, as required by 40 CFR 262.40(b).

SQGs must submit a legible copy of the manifest with some indication that the waste has not been delivered.

Hazardous Waste Transporters
      
      (a)	Manifest Completion, Transmittal, and Recordkeeping

40 CFR 263.20, 263.21 & 263.22 detail the completion, transmittal, and recordkeeping requirements of manifests or shipping papers for hazardous waste transporters, including those exporting hazardous waste outside the US. 

40 CFR 263.20(a)(4) provides that electronic manifests that are obtained, completed, and transmitted in accordance with section 262.20(a)(3) and used in accordance with section 263.20(a)(4) 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. Section 263.20(a)(5)-(8) address other issues related to the e-Manifest (e.g., special procedures for electronic signatures undergoing tests). [Note: Refer to "Use of the Electronic Manifest" in this section for additional information.]

      (a1)	Hazardous Waste Transporters (except as exempted by 40 CFR 263.20(e) and (f))

40 CFR 263.20(a)(1) provides that 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 section 262.23, or is provided with an electronic manifest that is obtained, completed, and transmitted in accordance with section 262.20(a)(3), and signed with a valid and enforceable electronic signature as described in section 262.25. Section 263.20(a)(2) provides that, 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 section 263.20, 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).

40 CFR 263.20(b) provides that, before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property. Section 263.20(c) requires the transporter to ensure that the manifest accompanies the hazardous waste. Section 263.20(d) provides that a transporter who delivers a hazardous waste to another transporter or to the designated facility must obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest and retain one copy of the manifest in accordance with section 263.22. The transporter must give the remaining copies of the manifest to the accepting transporter or designated facility.

For imports, the proposed rule would delete the requirement in 40 CFR 262.84(c)(4) that the importer provide an additional copy of the manifest to the transporter per sections 264.71(a)(3) and 265.71(a)(3). As a result, transporters would not be required to give copies of the manifest to the receiving facilities. These proposed changes are reflected in the data items and respondent activities listed below.

      Data Item
          
A paper or electronic manifest. 

      Respondent Activities
      
      Paper Manifest
      
Transporters must perform the following;
Sign and date the manifest, as required by 40 CFR 263.20(b).
Return a signed copy of the manifest to the generator, as required under 40 CFR 263.20(b).
Ensure that the manifest accompanies the waste to its destination, as required by 40 CFR 263.20(c).
In delivering the hazardous waste and manifest to another transporter or to the designated facility, perform the following activities, as required by 40 CFR 263.20(d):
Obtain the date of delivery and signature of that transporter or the owner/operator of the facility or alternate facility designated on the manifest, pursuant to 40 CFR 263.20(d)(1).
Retain a copy of the manifest pursuant to 40 CFR 263.22(a).
Give remaining copies of the manifest to the accepting transporter or facility, in accordance with 40 CFR 263.20(d)(3). 

	Electronic Manifest
      
 Transporters must perform the above activities in accordance with section 263.20(a)(4)-(8), as applicable, for completing, signing, providing, using and retaining the electronic manifest.
      
      (a2)	Water (Bulk Shipment) Transporters Regulated under 40 CFR 263.20(e)

40 CFR 263.20(e) provides that the requirements of section 263.20 (c), (d) and (f) do not apply to water (bulk shipment) transporters if they comply with the section 263.20(e) procedures. They must sign and date the manifest upon receipt of the hazardous waste. They must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) accompanies the hazardous waste. The delivering transporter must obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper. The person delivering the hazardous waste to the initial water (bulk shipment) transporter must obtain the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forward it to the designated facility. A copy of the shipping paper or manifest must be retained by each water (bulk shipment) transporter in accordance with section 263.22.

For imports, the proposed rule would delete the requirement in 40 CFR 262.84(c)(4) that the importer provide an additional copy of the manifest to the transporter per sections 264.71(a)(3) and 265.71(a)(3). As a result, transporters would not be required to give copies of the manifest to the receiving facilities. These proposed changes are reflected in the data items and respondent activities listed below.
      
      Data Items

Paper or electronic manifest.
A shipping paper.
          
      Respondent Activities
      
      Paper Manifest
          
The person delivering hazardous waste to the initial water transporter must:
Obtain the date of delivery and signature of the initial water transporter on the manifest, in accordance with 40 CFR 263.20(e)(4).
Forward the manifest to the designated facility, in accordance with 40 CFR 263.20(e)(4).

Bulk water transporters subject to section 263.20(e) must perform the following activities:
Ensure that the shipping paper accompanies the waste to its destination, as required by 40 CFR 263.20(e)(2). 
If the delivering (water) transporter, obtain the date of delivery and signature of the owner/operator of the designated facility on either the manifest or shipping paper, as required by 40 CFR 263.20(e)(3). 
If the initial water transporter, sign and date the manifest and return it to the delivering transporter so that the manifest can be forwarded to the designated facility owner/operator, as required by 40 CFR 263.20(e)(4).
Retain a copy of the manifest or shipping paper, as required by 40 CFR 263.22(b).

	Electronic Manifest
      
 Transporters must perform the above activities in accordance with section 263.20(a)(4)- (8), as applicable, for completing, signing, providing, using and retaining the electronic manifest.

      (a3)	Rail Transporters Regulated under 40 CFR 263.20(f)

40 CFR 263.20(f) provides that, for shipments involving rail transportation, the requirements of section 263.20 (c), (d) and (e) do not apply and the requirements at section 263.20(f) do apply. Initial rail transporters must sign and date the manifest acknowledging acceptance of the hazardous waste; return or transmit a signed copy of the manifest to the non-rail transporter; and forward at least 3 copies of the manifest to the next non-rail transporter, the designated facility, if the shipment is delivered to that facility by rail, or the last rail transporter designated to handle the waste in the US; and retain a copy of the manifest and rail shipping paper in accordance with 40 CFR 263.22.

Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) accompanies the hazardous waste at all times. 

When delivering hazardous waste to the designated facility, a rail transporter must obtain the date of delivery and signature of the owner or operator of the designated facility on the manifest, or a signature on the shipping paper (if the manifest has not been received by the facility) and retain a copy of the manifest or signed shipping paper. 

When delivering hazardous waste to a non-rail transporter, a rail transporter must obtain the date of delivery and the signature of the next non-rail transporter on the manifest and retain a copy of the manifest, as required under 40 CFR 263.20(f)(4). Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.

For imports, the proposed rule would delete the requirement in 40 CFR 262.84(c)(4) that the importer provide an additional copy of the manifest to the transporter per sections 264.71(a)(3) and 265.71(a)(3). As a result, transporters would not be required to give copies of the manifest to the receiving facilities. These proposed changes are reflected in the data items and respondent activities listed below.

      Data Items
          
A paper or electronic manifest.
A shipping paper.

      Respondent Activities
          
       Paper Manifest
          
When accepting waste from a non-rail transporter, sign and date the manifest, as required by 40 CFR 263.20(f)(1)(i) and return or transmit a signed copy of the manifest to the non-rail transporter, as required by 40 CFR 263.20(f)(1)(ii).
Forward at least 3 copies of the manifest to either the next non-rail transporter, the designated facility, or the last rail transporter designated to handle the waste in the US, as required by 40 CFR 263.20(f)(1)(iii).
Ensure a shipping paper accompanies the waste, as required under 40 CFR 263.20(f)(2).
When delivering hazardous waste to the designated facility or to the next non-rail transporter, obtain the signature and date of delivery of the facility or non-rail transporter on the manifest, as required under 40 CFR 263.20(f)(3)(i) or (f)(4)(i).
Retain a copy of the manifest and/or rail shipping paper, as required under 40 CFR 263.20(f)(1)(iv), 263.20(f)(3)(ii), 263.20(f)(4)(ii) and 263.22, as applicable.
Before accepting hazardous waste from a rail transporter, sign and date the manifest and provide a copy to the rail transporter, as required under 40 CFR 263.20(f)(5).

	Electronic Manifest
      
 Transporters must perform the above activities in accordance with section 263.20(a)(4)- (8), as applicable, for completing, signing, providing, using and retaining the electronic manifest.

      (a4)	Transporters Who Export Hazardous Wastes 
	
Under existing 40 CFR 263.20(g), transporters who transport hazardous waste out of the United States must sign and date the manifest in the International Shipments block to indicate the date that the shipment left the United States. They must retain one copy in accordance with section 263.22(d) and return a signed copy of the manifest to the generator. For paper manifests only, they must (i) send a copy of the manifest to the e-Manifest system in accordance with the allowable methods specified in 40 CFR 264.71(a)(2)(v) and (ii) for shipments initiated prior to the AES filing compliance date, when instructed by the exporter to do so, give a copy of the manifest to a U.S. Customs official at the point of departure from the United States. 

Under the proposed changes to section 262.20(g), transporters must date (not sign) the manifest when the shipment crosses domestic borders. In addition, transporters will no longer need to send a copy of the export shipment manifest to the e-Manifest system. These proposed changes are reflected in the data items and respondent activities listed below.

      Data Items

A paper or electronic manifest.
          
      Respondent Activities
      
      Paper Manifest
          
For exports, transporters must perform the following:
             Date the manifest in the International Shipments block.
             Retain one copy in accordance with section 263.22(d).
             Return a signed copy of the manifest to the generator.
          
	Electronic Manifest
      
 Transporters must perform the above activities in accordance with section 263.20(a)(4)-(8), as applicable, for completing, signing, providing, using and retaining the electronic manifest.
	
      (a5)	Transporters Who Transport Hazardous Waste Pursuant to a Reclamation Agreement (263.20(h))

40 CFR 263.20(h) provides that transporters can be exempt from the requirements of 40 CFR 263.20 & 263.22 when transporting a SQG's waste pursuant to a reclamation agreement in accordance with 40 CFR 262.20(e). These transporters are required to record data items on a log or shipping papers, carry the record to the reclamation facility, and retain these records, as required by 40 CFR 263.20(h).

      Data Items
          
A reclamation agreement. 
          
      Respondent Activities
      
Record the waste information on a log or shipping paper, as required by 40 CFR 263.20(h)(2).
Carry the record when transporting waste to the reclamation facility, as required by 40 CFR 263.20(h)(3).
Retain the records for at least 3 years after termination or expiration of the agreement, as required by 40 CFR 263.20(h)(4).

      (a6)	Undeliverable Shipments

40 CFR 263.21(a) provides that the transporter must deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to the designated facility listed on the manifest; the alternate designated facility, the next designated transporter; or the place outside the U.S. designated by the transporter. 

40 CFR 263.21(b)(1) provides that, if the hazardous waste cannot be delivered to the designated facility, alternate facility or place outside the U.S. 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 revise the manifest according to the generator's instructions.

40 CFR 263.21(b)(2) provides that, if the hazardous waste is not delivered to the next designated transporter 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 as specified. 

40 CFR 263.21(b)(3) provides that, if the hazardous waste is not delivered to the next designated transporter, 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 the current transporter is authorized by a contractual provision that provides explicit and limited agency authority for the transporter to make such transporter changes on behalf of the generator and 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."  The change in designated transporters must be necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.

      Data Items
      
A paper or electronic manifest that has been revised as specified.
          
Instructions from the generator as specified.
          
Contract authorization provision under 40 CFR 263.21(b)(3).
      
      Respondent Activities
 
For undeliverable shipments under 40 CFR 263.21(b)(1) or (2), a transporter must contact the generator and revise the manifest according to the generator's instructions.
          
For undeliverable shipments under 40 CFR 263.21(b)(3), a transporter must:
 Establish a contract provision authorizing the transporter to make revisions as specified; and 
 Revise the manifest including the statement in Item 14, as specified.
      
      (a7)	Rejected Waste and Container Residues

Under 40 CFR 263.21(c), if a hazardous waste is rejected or a container residue is identified by the designated facility listed on the manifest while the transporter is on the facility's premises, then the transporter must comply with the appropriate procedures:

For a partial load rejection or for regulated quantities of container residues:  The transporter must obtain 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 40 CFR 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).
          
For a full load rejection that will be taken back by the transporter: The transporter must obtain 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 40 CFR 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).

      Data Item
      
      	A paper or electronic manifest.
      
      Respondent Activities
       
       Paper Manifest
       
 For a partial load rejection or for regulated quantities of container residues, obtain a copy of the original manifest, retain a copy, give remaining copies to rejecting facility, and if forwarding or returning the rejection or residue, obtain a new manifest.
 
 For a full load rejection, obtain a copy of the original manifest, retain a copy, give a copy to rejecting facility, or if the original manifest is not used, obtain a new manifest and comply with applicable requirements.
       
	Electronic Manifest
      
 Transporters must perform the above activities in accordance with section 263.20(a)(4)- (8), as applicable, for completing, signing, providing, using and retaining the electronic manifest.
      
      (b)	Use of the Electronic Manifest
      
      (b1)	Legal Equivalence to Paper Manifest

40 CFR 263.20(a)(4) provides that electronic manifests that are obtained, completed, and transmitted in accordance with section 262.20(a)(3) and used in accordance with section 263.20 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. It provides that (1) 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 section 262.25(a); (2) 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; (3) 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 1 printed copy of the electronic manifest on the transport vehicle; (4) 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; and (5) 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. [Note:  There are no data items or activities associated with section 263.20(a)(4).]

      (b2)	Accessing the e-Manifest

40 CFR 263.20(a)(5) provides that 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. [Note:  There are no data items or activities associated with section 263.20(a)(5).]

      (b3)	Special Procedures when Electronic Manifest is Not Available  

40 CFR 263.20(a)(6) provides that, 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 the transporter must perform the activities spelled out in section 263.20(a)(6)(i)-(iv). These procedures include the following:

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 section 263.20(a)(4)(iii)(A) 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))
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))

      Data Items

Copies of the printed manifest or a new paper manifest.

      Respondent Activities

As required by section 263.20(a)(6), the transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall perform the following:

Reproduce sufficient copies of the printed manifest that is carried on the transport vehicle and complete it as specified; or 
Obtain and complete another paper manifest as specified;
Retain a copy of the manifest; and
Give remaining copies of the manifest to the accepting transporter or facility. 

      (b4)	Special Procedures for Electronic Signature Methods Undergoing Tests  

40 CFR 263.20(a)(7) provides that, 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 section 263.20(a)(4)(iii)(A). 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. [Note:  Refer to "Manifest Completion, Transmittal and Recordkeeping" in this section for transporter data items and activities associated with signing a manifest. Refer to "Manifest Completion, Transmittal and Recordkeeping" in the Designated Treatment, Storage and Disposal Facility section for facility data items and activities associated with recordkeeping the paper copy.]

      (b5)	Post-Receipt Manifest Data Corrections  

40 CFR 263.20(a)(9) provides that, 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 40 CFR 264.71(l), which applies to corrections made to either paper or electronic manifest records. [Refer to "Post-Receipt Manifest Data Corrections" for designated TSDFs in this section for additional information.]

      Data Item
      
 A correction submission.

      Respondent Activities

 Off-line transporters (i.e., transporters that do not have system access) submit their email address and related contact information to the system to be notified of manifest corrections by other parties.
         
 Transporters with system access may submit a correction or receive a notice of another submitter's correction and respond with comments to the submitter or submit another correction to the system.

      (c)	Notification of Discharge of Hazardous Waste

In the event of a discharge of hazardous waste during transportation, 40 CFR 263.30(a) requires the transporter to take appropriate immediate action to protect human health and the environment, for example, notifying local authorities. 40 CFR 263.30(c) requires an air, rail, highway, or water transporter who has discharged hazardous waste to give notice, if required by 49 CFR 171.15, to NRC and to report in writing to USDOT as required by 49 CFR 171.16. 40 CFR 263.30(d) requires a water (bulk shipment) transporter who has discharged hazardous waste to give the same notice as required by 33 CFR 153.203 for oil and hazardous substances, if not already required under 33 CFR 153.203. Water (bulk shipment) transporters, as soon as they have knowledge of any discharge of hazardous waste, must immediately notify NRC, US Coast Guard, as required by 33 CFR 153.203. If the direct reporting to the NRC is not practicable, reports may be made to the US Coast Guard or EPA predesignated OSC for the geographic area where the discharge occurs. If it is not possible to notify the NRC or the predesignated OSC immediately, reports may be made immediately to the nearest US Coast Guard unit, provided the transporter notifies the NRC as soon as possible.

      Data Item
      
Notification of a discharge of hazardous waste

      Respondent Activities
      
In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate action to protect human health and the environment, including notification of the discharge to local authorities, as required by 40 CFR 263.30(a).
Water (bulk shipment) transporters must immediately notify NRC of the discharge or, if it is not practicable to notify the NRC, a predesignated OSC can be notified. If the OSC is notified, the transporter must notify the NRC of the discharge as soon as possible, as required by 40 CFR 263.30(d) and 33 CFR 153.203. 
          
       [Note:  This ICR does not include hour and cost burden estimates for activities associated with the 49 CFR Part 171 notification requirements referenced in 40 CFR Part 263 since Part 263 does not add any notification requirements to those already in Part 171.] 
       
Designated Treatment, Storage and Disposal Facilities 

      (a)	Transmitting the Manifest and Reporting to EPA
      
      (a1)	Manifest Completion, Transmittal and Recordkeeping

Existing regulations at 40 CFR 264.71(a),(b) and 40 CFR 265.71(a),(b) set forth completion, transmittal, and recordkeeping requirements for TSDFs that receive hazardous waste accompanied by a manifest or shipping paper. 40 CFR 264.71(a),(b) and 40 CFR 265.71(a),(b) provide that, if a facility receives hazardous waste accompanied by a manifest (or shipping paper, for certain rail or water shipments), the facility or his/her agent must sign and date each copy of the manifest; note any significant discrepancies on each copy; immediately give the transporter at least 1 copy of the manifest; and within 30 days of delivery, send a copy (Page 3) of the manifest to the generator; and retain at the facility a copy of each manifest for at least 3 years from the date of delivery. 40 CFR 264.71(a)(3) and 265.71(a)(3) provide that the owner or operator of a facility receiving hazardous waste subject to 40 CFR Part 262, Subpart H from a foreign source must additionally list the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b. If additional space is needed, the owner or operator should use a Continuation Sheet(s) (EPA Form 8700 - 22A) and send a copy of the manifest within thirty (30) days of delivery to EPA using the addresses listed in 40 CFR 262.82(e) until the facility can submit such a copy to the e-Manifest system.

In addition, 40 CFR 264.71(a)(2)(v) and 265.71(a)(2)(v) establish options for compliance beginning on June 30, 2018 and on June 30, 2021. Beginning on June 30, 2018, the facility must send the top copy (Page 1) of any paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, it 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. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-Manifest. 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 facility 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 web site's directory of services.

 At the time of submission of the upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative's knowledge or belief, the submission (e.g., data and images) is accurate and complete representations of the facility's received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission, in accordance with 40 CFR 264.1311(b) or (c) or 265.1311(b) or (c).

40 CFR 264.71(f) and 265.71(f) provide that electronic manifests that are obtained, completed, and transmitted in accordance with section 262.20(a)(3) and used in accordance with section 264.71(f) or 265.71(f) 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. Sections 264.71(g)-(k) and 265.71(g)-(k) address other issues related to the e-Manifest (e.g., special procedures for electronic signature methods undergoing tests). [Refer to "Use of the Electronic Manifest" in this section for additional information.]

40 CFR 260.4(a) provides that, 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, (1) complete the facility portion of the applicable manifest; (2) sign and date the facility certification; (3) submit to the e-Manifest system a final copy of the manifest for data processing purposes; and (4) 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 40 CFR Part 264. [Refer to "Fees for the Electronic Hazardous Waste Manifest Program" in this section for facility data items and activities associated with these fee-related requirements.]

40 CFR 260.5(b) provides that, 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 (1) comply with the provisions of 40 CFR 264.71 (use of the manifest) and 40 CFR 264.72 (manifest discrepancies), and (2) 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 40 CFR Part 264. [Refer to "Fees for the Electronic Hazardous Waste Manifest Program" in this section for facility data items and activities associated with these fee-related requirements.]

The proposed rule revises 40 CFR 264.71(a)(2)(iv) and 265.71(a)(2)(iv) by removing the existing requirement that TSDFs mail paper manifests to the generators and clarifying that they submit the top copies (Page 1) to the e-Manifest system.

      Data Item
      
Paper or electronic manifest.
Shipping paper.
A CROMERR compliant certification if applicable.

      Respondent Activities 
      
      Paper Manifest
          
Complete, transmit, and retain copies of the manifest, as required by 40 CFR 260.4, 260.5, 264.71(a), (b) or 40 CFR 265.71(a), (b) and the manifest instructions:
Enter the name of the person accepting the waste and sign and date each copy of the manifest (or shipping paper, if applicable).
Complete the management method codes.
             For imports, list the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b.
Note any discrepancies (as defined in 40 CFR 264.72(a) or 265.72(a)) on each copy of the manifest (or shipping paper, if applicable).
Immediately give the transporter at least 1 copy of the manifest (or shipping paper).
Within 30 days of delivery, send a copy of the manifest to EPA as follows:
             Beginning on June 30, 2021, transmit to the EPA system an image file of Page 1 of the manifest and any continuation sheet or 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, including a CROMERR compliant certification.
             For imports, send a copy of the manifest within thirty (30) days of delivery to EPA using the addresses listed in 40 CFR 262.82(e) until the facility can submit such a copy to the e-Manifest system.
Retain a copy of the manifest (or shipping paper) for at least 3 years from the date of delivery. 
          
          [Note:  Although the noting of manifest or shipping paper discrepancies is mentioned above, it is burdened in the subsection entitled "Discrepancy Reports."]

	Electronic Manifest
         
 Designated facilities must perform the above activities in accordance with section 264.71(f)-(k) or 265.71(f)-(k), as applicable, for completing, signing, providing, using and retaining the electronic manifest.

      (a2)	Compliance with State Program Requirements

Under 40 CFR 264.71(e) and 40 CFR 265.71(e), designated facilities must determine whether the consignment state for a shipment regulates any additional hazardous wastes (beyond those regulated federally). Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states. 

      Data Item
      
Information provided by the state on its manifest program.

      Respondent Activities
      
Contact the consignment/generator state if needed and submit any copies of the manifest to these states, as applicable.

      (a3)	Discrepancy Reports

Existing regulations at 40 CFR 264.72 and 265.72 provide that, upon discovering a significant discrepancy, facilities must attempt to reconcile the discrepancy with the waste generator or transporter. If the discrepancy is not resolved within 15 days after receiving the waste, the owner/operator must immediately submit to EPA a copy of the manifest or shipping paper in question, as well as a letter describing the discrepancy and attempts to reconcile it. 

Under proposed sections 264.72(c) and 265.72(c), if the discrepancy is not resolved within 20 days after receiving the waste, the owner or operator must immediately submit to the Regional Administrator a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. These revised sections also establish the legal and policy framework for the use of electronic Discrepancy Reports. If adopted, wherever the existing regulations require a Discrepancy Report to be completed, signed, and sent to EPA, the execution of an electronic Discrepancy Report in the national e-Manifest system would be deemed to comply with the requirements to complete, sign, provide, send, or otherwise use the discrepancy report.

      Data Items
          
A copy of the manifest or shipping paper in question.
A letter describing the manifest discrepancy and the facility's efforts to reconcile it.

      Respondent Activities
      
Attempt to reconcile any discrepancies, as required by 40 CFR 264.72(c) or 265.72(c).
Prepare and submit a letter to EPA describing the discrepancy and attempts to reconcile it, along with a copy of the manifest or shipping paper at issue, as required by 40 CFR 264.72(c) or 265.72(c).

      (b)	Rejected Waste and Container Residues

40 CFR 264.72 and 40 CFR 265.72 provide that the facility must forward rejected waste or container residues to an alternate facility that can accept the waste. If the facility is unable to locate an alternate facility to take the waste, then the facility may return the shipment to the original generator. 40 CFR 264.72(d) through (g) and 40 CFR 265.72(d) through (g) describe manifest procedures for designated facilities that originate a rejected waste or container residue.

      (b1)	Rejection of Waste after the Transporter Leaves the Facility

For full or partial load rejections and residues that are to be sent offsite to an alternate facility or back to the generator after the transporter has left the facility, the facility is required to prepare a new manifest, as required by 40 CFR 264.72(d), (e)(1)-(6), or (f)(1)-(6) or 40 CFR 265.72(d), (e)(1)-(6), or (f)(1)-(6).

In addition, if a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in 40 CFR 261.7(b) after it has signed, dated, and returned  a copy of the manifest to the transporter, the facility must comply with 40 CFR 264.72(g) or 265.72(g). The facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least 3 years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the delivering transporter and to the generator.

      Data Items
          
Instructions provided by the generator.
Original paper or electronic manifest.
New paper or electronic manifest.
Shipping paper.

      Respondent Activities
      
       Paper Manifest
          
Contact the generator to obtain the generator's instructions for forwarding the waste to another facility that can manage the waste, as required by 40 CFR 264.72(d) or 265.72(d).
Prepare a new manifest for rejected loads or container residues sent to the alternate designated facility or back to the generator:
Write the facility's EPA ID, name, and address in the appropriate blocks of the new manifest (i.e., Items 1 and 5), as required by 40 CFR 264.72(e)(1) or (f)(1) or 265.72(e)(1) or (f)(1).
Write the name of the alternate designated facility/initial generator and the facility's/generator's EPA ID number in the designated facility block (Item 8) of the new manifest, as required by 40 CFR 264.72(e)(2) or (f)(2) or 265.72(e)(2) or (f)(2).
Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment, as required by 40 CFR 264.72(e)(3) or (f)(3) or 265.72(e)(3) or (f)(3).
Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a), as required by 40 CFR 264.72(e)(4) or (f)(4) or 265.72(e)(4) or (f)(4).
Write the USDOT description for the rejected load or the residue in the Item 9 (USDOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste, as required by 40 CFR 264.72(e)(5) or (f)(5) or 265.72(e)(5) or (f)(5).
Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition, as required by 40 CFR 264.72(e)(6) or (f)(6) or 265.72(e)(6) or (f)(6).
Amend the facility's copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest, as required by 40 CFR 264.72(g) or 265.72(g).
Copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, as required by 40 CFR 264.72(g) or 265.72(g).
Re-sign and date the manifest, as required by 40 CFR 264.72(g) or 265.72(g).
Retain the amended manifest for at least 3 years from the date of the amendment, as required by 40 CFR 264.72(g) or 265.72(g).
Within 30 days, send a copy of the amended manifest to the delivering transporter and to the generator, as required by 40 CFR 264.72(g) or 265.72(g).

	Electronic Manifest
         
 Designated facilities must perform the above activities in accordance with section 264.71(f)-(k) or 265.71(f)-(k), as applicable, for completing, signing, providing, using and retaining the electronic manifest.
         
       (b2)	Rejection of Waste while the Transporter Remains Present at the Facility

For container residues and full load rejections that are made while the transporter remains present at the facility, the facility may forward the shipment to the alternate facility or return the shipment to the generator using the original manifest, as specified in 40 CFR 264.72(e)(7) or (f)(7) or 40 CFR 265.72(e)(7) or (f)(7).

      Data Item
      
Original paper or electronic manifest.
Shipping paper.

      Respondent Activities
      
       Paper Manifest
       
Contact the generator to obtain the generator's instructions for forwarding the waste to another facility that can manage the waste, as required by 40 CFR 264.72(d) or 265.72(d).
Complete Item 18a and 18b of the original manifest, as applicable, by supplying the information on the next receiving facility or the generator in the Alternate Facility space.
Retain a copy of the manifest.
Give the remaining copies back to the transporter.

	Electronic Manifest
         
 Designated facilities must perform the above activities in accordance with section 264.71(f)-(k) or 265.71(f)-(k), as applicable, for completing, signing, providing, using and retaining the electronic manifest.
         
       (c)	Use of the Electronic Manifest
      
      (c1)	Legal Equivalence to Paper Manifest

40 CFR 264.71(f) and 265.71(f) provide that electronic manifests that are obtained, completed, and transmitted in accordance with section 262.20(a)(3), and used in accordance with section 264.71 or 265.71 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. It provides that (1) 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 section 262.25(a); (2) 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; (3) 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; (4) 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; and (5) 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. [Note: There are no data items or activities associated with these provisions.]

      (c2)	Accessing the e-Manifest

40 CFR 264.71(g) and 265.71(g) provide that 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. [Note:  There are no data items or activities associated with these provisions.]

      (c3)	Special Procedures when Electronic Manifest is Not Available  

40 CFR 264.71(h) and 265.71(h) provide that, 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:

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 replacement manifest;
The owner or operator of the facility must give back to the final transporter 1 copy of the replacement manifest;
Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility must send 1 signed and dated copy of the replacement manifest to the generator, and send an additional signed and dated copy of the replacement manifest to the electronic manifest system; and
The owner or operator of the facility must retain at the facility one copy of the replacement manifest for at least 3 years from the date of delivery. 

[Note:  Refer to "Manifest Completion, Transmittal and Recordkeeping" in this section for the facility data items and activities associated with signing, transmitting and recordkeeping of the replacement paper manifests.]

      (c4)	Special Procedures for Electronic Signature Methods Undergoing Tests  

40 CFR 264.71(i) and 265.71(i) provide that, 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. [Note:  Refer to "Manifest Completion, Transmittal and Recordkeeping" in this section for facility data items and activities associated with signing and recordkeeping of the manifest.]

      (c5)	Imposition of User Fee for Electronic Manifest Use  

40 CFR 264.71(j) and 265.71(j) provide that, as prescribed in 40 CFR 264.1311 and 265.1311, and determined in 40 CFR 264.1312 and 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 40 CFR 264.1313 and 265.1313. An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of 40 CFR 264.1314 or 265.1314, subject to the informal fee dispute resolution process of 40 CFR 264.1316 or 265.1316, and subject to the sanctions for delinquent payments under 40 CFR 264.1315 or 265.1315. [Refer to "Fees for the Electronic Hazardous Waste Manifest Program" in this section for facility data items and activities associated with these requirements.]
      
      (c6)	Electronic Manifest Signatures 

40 CFR 264.71(k)(1) and 265.71(k)(1) provide that electronic manifest signatures shall meet the criteria described in section 262.25(a). [Note:  There are no data items or activities associated with this provision.]

      (c7)	Post-Receipt Manifest Data Corrections

40 CFR 264.71(l) and 265.71(l) provide that, 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. 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. Each correction submission must include the information specified at 40 CFR 264.71(l)(2) and 265.71(l)(2). In addition, each correction submission must 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, as required by 40 CFR 264.71(l)(3) or 265.71(l)(3). The certification statement must be executed with a valid electronic signature. A batch upload of data corrections may be submitted under one certification statement. 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. 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 above, and with notice of the corrections to other interested persons shown on the manifest.

      Data Item
      
 A correction submission.

      Respondent Activities

 Off-line facilities (i.e., facilities that do not have system access) must submit their email address and related contact information to the system to be notified of manifest corrections by other parties.
         
 Facilities with system access may submit a correction or receive a notice of another submitter's correction and respond with comments to the submitter or submit another correction to the system.
      
      (d)	Unmanifested Waste Report:  Completion and Submission

Pursuant to 40 CFR 264.76 and 265.76, if the facility accepts a hazardous waste for treatment, storage, or disposal from any offsite source without an accompanying manifest or a shipping paper as described in 40 CFR 263.20(e)(2), and the waste is not excluded from the manifest requirement, the facility owner/operator must prepare and submit a letter to EPA.

Under the proposed revisions to sections 264.76 and 265.76, the facility must prepare an electronic unmanifested waste report in the e-Manifest system (instead of the letter) for submission to the Regional Administrator within 15 days after receiving the waste. 

      Data Item
          
An un-manifested waste report.

      Respondent Activity
      
Prepare and submit an electronic unmanifested waste report in the e-Manifest system.
 
      (e)	Fees for the Electronic Hazardous Waste Manifest Program
 
       (e)(1)	Manifest Transactions Subject to Fees
       
 40 CFR 264.1311(a) and 265.1311(a) provide that fees shall be assessed on a per manifest basis for the following manifest submission transactions:
 
          The submission of each electronic manifest that is electronically signed and submitted to the e-Manifest system by the owners or operators of receiving facilities, with the fee assessed at the applicable rate for electronic manifest submissions. 
          The submission of each paper manifest submission to the paper processing center signed by owners or operators of receiving facilities, with the fee assessed according to whether the manifest is submitted to the system by mail, by the upload of an image file, or by the upload of a data file representation of the paper manifest. 
          The submission by receiving facilities of final manifest copies, signed by the facility to indicate a partial or total rejection of hazardous wastes, and indicating a return shipment to the original generator in Item 18a of the submitted manifest. This fee is assessed for the return shipment manifest, as identified by its Manifest Tracking Number in Item 18a, and is assessed at the applicable rate determined by the method of submission.
 
 40 CFR 264.1311(b) and 265.1311(b) provide that receiving facilities may submit image file uploads of completed, ink-signed manifests in lieu of submitting mailed paper forms to the e-Manifest system. Such image file upload submissions may be made for individual manifests received by a facility or as a batch upload of image files from multiple paper manifests received at the facility. The image file upload must be made in an image file format approved by EPA and supported by the e-Manifest system. At the time of submission of an image file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative's knowledge or belief, the submitted image files are accurate and complete representations of the facility's received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission.
 
 40 CFR 264.1311(c) and 265.1311(c) provide that receiving facilities may submit data file representations of completed, ink-signed manifests in lieu of submitting mailed paper forms or image files to the e-Manifest system. Such data file submissions from paper manifests may be made for individual manifests received by a facility or as a batch upload of data files from multiple paper manifests received at the facility. The data file upload must be made in a data file format approved by EPA and supported by the e-Manifest system. The receiving facility must also submit an image file of each manifest that is included in the individual or batch data file upload. At the time of submission of the data file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative's knowledge or belief, the data and images submitted are accurate and complete representations of the facility's received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission. [Refer to "Manifest Completion, Transmittal and Recordkeeping" in this section for facility data items and activities associated with these requirements.]
 
       (e)(2)	Making User Fee Payments and Sanctions for Delinquent Payments
 
 40 CFR 264.1314(a)-(c) and 265.1314(a)-(c) provide that all required fees shall be paid by the receiving facility in response to an electronic invoice or bill identifying manifest-related services provided the user during the previous month and identifying the fees owed for the enumerated services. All required fees shall be paid to EPA by the facility electronically in U.S. dollars, using one of the electronic payment methods supported by the Department of the Treasury's Pay.gov online electronic payment service, or any applicable additional or successor online electronic payment service offered by the Department of Treasury. All fees for which payments are owed in response to an electronic invoice or bill must be paid within 30 days of the date of the invoice or bill. 
 
 40 CFR 264.1315(a)-(c) and 265.1315(a)-(c)  provide that, in accordance with 31 U.S.C. 3717(a)(1), delinquent e-Manifest user fee accounts shall be charged a minimum annual rate of interest equal to the average investment rate for Treasury tax and loan accounts (Current Value of Funds Rate or CVFR) for the 12-month period ending September 30th of each year, rounded to the nearest whole percent. In accordance with 31 U.S.C. 3717(e), e-Manifest user fee accounts that are more than 90 days past due (i.e., not paid by date 120 days from date of invoice) shall be charged an additional penalty of 6% per year assessed on any part of the debt that is past due for more than 90 days, plus any applicable handling charges. A manifest is fully perfected when 1) the manifest has been submitted by the receiving facility to the e-Manifest system, as either an electronic submission or a paper manifest submission, and 2) all user fees arising from the submission of the manifest have been fully paid.
 
[Note:  There are no data items or activities associated with these provisions.]
       
       (e)(3)	Informal Fee Dispute Resolution
 
 40 CFR 264.1316(a) and 265.1316(a) provide that users of e-Manifest services that believe their invoice or charges to be in error must present their claims for fee dispute resolution informally using the described process. 
 
 40 CFR 264.1316(b) and 265.1316(b) provide that users asserting a billing dispute claim must first contact the system's billing representatives by phone or email at the phone number or email address provided for this purpose on the e-Manifest program's web site or other customer services directory. They must provide the information specified at 40 CFR 264.1316(b)(1) and (2) or 265.1316(b)(1) and (2). EPA's system billing representatives must respond to billing dispute claims within ten days of receipt of a claim. 
 
 40 CFR 264.1316(c) and 265.1316(c) provide that fee dispute claimants that are not satisfied by the response to their claim from the system's billing representatives may appeal their claim and initial decision to the Office Director for the Office of Resource Conservation and Recovery. Any appeal from the initial decision of the system's billing representatives must be taken within 10 days of the initial decision of the system's billing representatives. They must provide the information specified at 40 CFR 264.1316(c)(2) or 265.1316(c)(2). The Office Director shall review the record presented to him or her on an appeal and shall determine whether the claimant is entitled to relief from the invoice alleged to be in error, and if so, shall state the amount of the recalculated invoice and the amount of the invoice to be adjusted. The decision of the Office Director on any appeal is final and non-reviewable.
 
      Data Items
          
As required by 40 CFR 264.1316(b)(1) or 265.1316(b)(1), information identifying the claimant and the invoice(s) that are affected by the dispute.
             
As required by 40 CFR 264.1316(b)(2) or 265.1316(b)(2), sufficient supporting information to identify the nature and amount of the fee dispute.
 
          As required by 40 CFR 264.1316(c)(2) or 265.1316(c)(2), information about the billing error.
          
      Respondent Activities
 
          Fee dispute claimants may contact the system's billing representatives by phone or email and provide the specified information under 40 CFR 264.1316(b) or 265.1316(b).
       
          Fee dispute claimants may appeal the billing representatives' decision by providing the information specified at 40 CFR 264.1316(c)(2) or 265.1316(c)(2) to the Office Director for the Office of Resource Conservation and Recovery.

5.	AGENCY ACTIVITIES, COLLECTION METHODOLOGY & INFORMATION MANAGEMENT

This section discusses how EPA will collect the information, what activities EPA will perform once the information has been received, and how EPA will manage the information it collects under the manifest system. It also discusses how the information collection requirements will affect small entities.

5A.	Agency Activities

Agency activities associated with the manifest requirements include the review of exception reports, discrepancy reports, and un-manifested waste reports. The Agency reviews these reports to identify potentially non-compliant or otherwise unresolved activities that warrant Agency attention. For example, upon receipt of an exception report, the Agency may conduct a follow-up investigation to assist the generator in locating the shipment. The Agency keeps these reports on file. In addition, EPA requires manifest form printers to register with EPA, as provided under 40 CFR 262.21. The Agency will need to review, process, and keep records of the data submitted. 

In addition, EPA started up the e-Manifest system on June 30, 2018. Agency activities include, among other things, system development, operation and maintenance, paper manifest processing, operating a call center, and invoicing users. 

5B.	Collection Methodology & Management

EPA collects paper-based manifests, which may be submitted as mailed paper copies, image files, or image files with data files. The data are stored in the system. 

Under 40 CFR 262.21, EPA reviews applications from interested parties to print the hazardous waste manifest and continuation sheet for use and/or distribution. EPA first reviews an initial application describing the applicant and its printing capabilities. After the initial application is approved, EPA sends electronic files of the manifest and continuation sheet to the applicant and requests several form samples for evaluation. If the forms are satisfactory, EPA approves the applicant to produce the manifest. EPA maintains all approved applications on file.

In addition, waste handlers submit letters to EPA or authorized states when warranted (e.g., exception or discrepancy reports). EPA and the states review the reports to understand the situation, take follow up action as needed, and keep records. 

5C.	Small Entity Flexibility

The current regulations require both large and small quantity generators of hazardous waste to use the manifest to track shipments of hazardous waste. However, the Agency has found that most small businesses do not generate hazardous waste either at all or in large enough quantities to make them subject to regulation and, therefore, are not affected by the manifest requirements. Some waste types (e.g., universal wastes) and classes of waste handlers are exempt from the manifest regulations.

Following are some provisions that benefit both small and large waste handlers.

      (1)	Contractual Reclamation Agreements

A small quantity generator (SQG) is exempt from the manifest requirements when his hazardous waste is reclaimed under a contractual agreement and he complies with limited requirements, including recordkeeping of the contractual agreement, as required by 40 CFR 262.20(e)(2). 

      (2)	Exception Reports
      
The exception report requirements under 40 CFR 262.42 for SQGs are less stringent than those for large quantity generators (LQGs). A SQG is only required to submit to EPA a legible copy of the manifest with some indication he/she has not received confirmation of delivery and has 60 days to fulfill this requirement. LQGs, on the other hand, are required to contact the transporter or facility owner/operator if he/she has not received a copy of the manifest within 35 days. In addition, if 45 days have passed and the LQG still has not received a signed copy of the manifest, he/she must submit a copy of the manifest as well as a cover letter explaining the generator's efforts to locate the hazardous waste. Hence, the exception report requirements for SQGs are not as burdensome. 

	(3)	e-Manifest System Flexibility

The e-Manifest system is designed to maximize flexibility for both large and small entities. For example, the system offers various methods to simplify the process of preparing and transmitting the electronic manifest. This includes, for example, allowing a generator to sign and keep a paper copy of the manifest, while allowing the transporter and designated facility to transact the manifest electronically for the shipment (see section 262.24(c)(1)). This allows the generator to participate in the e-Manifest system without having to comply with electronic signature requirements. Entities are able to choose the method that best suits their needs and capabilities. In addition, the e-Manifest is optional. Entities need not use the e-Manifest system to prepare and  transmit the manifest if they do not want to. 

5D.	Collection Schedule

Most information collections in this ICR do not require collection by EPA more frequently than quarterly, except for receiving facilities which are required to submit manifest data to the national system. 40 CFR 264.71(a)(2)(v) and 265.71(a)(2)(v) require that, within 30 days of delivery of a shipment, the receiving facility must send a copy of the paper manifest to the e-Manifest system. These provisions were established in accordance with section 2(g)(1)(B) of the Hazardous Waste Electronic Manifest Establishment Act, which authorizes EPA to collect for data processing purposes any paper manifests that continue in use after the implementation of electronic manifests, so that there will be one unified data system managing the data from both electronic and paper manifests. Under these provisions, a facility that receives shipments each month will be required to submit manifests on a monthly basis. EPA believes this collection schedule is necessary for several reasons (e.g., to allow for the prompt collection of fees). 

6.	ESTIMATE OF BURDEN HOURS & COST

This ICR estimates the total annual hour and cost burden associated with the manifest information collection requirements in the proposed rule. The ICR estimates the burden for generators and other waste handlers to use paper manifests for federal hazardous waste. The ICR does not estimate the burden to waste handlers for paper manifest cycles involving state hazardous waste. [,] [,]  On the other hand, this ICR estimates facility burden to submit copies and pay fees for these forms.

In addition, this ICR estimates the burden for generators and others to participate in the electronic manifest cycle for federal and state hazardous waste. It also estimates facility burden to pay fees.

Table 1 summarizes these scope issues for paper and electronic manifests accompanying federal and state hazardous waste.
                                   Table 1 
                       Scope of Burden Estimates in ICR
                             Manifest Activities 
                                Paper Manifests
                             Electronic Manifests 
                                       
                                    Federal
                                   Hazardous
                                     Waste
                                     State
                                   Hazardous
                                     Waste
                                    Federal
                                   Hazardous
                                     Waste
                                     State
                                   Hazardous
                                     Waste
Participating in  Manifest Cycle*
                                       x
                                       
                                       x
                                       x
Submitting Copies to National System **
                                       x
                                       x
                                       
                                       
Paying Fees**
                                       x
                                       x
                                       x
                                       x
* This includes form completion, transmittal to industry third parties, and recordkeeping performed by generators, transporters, and TSDFs/receiving facilities.
** This is performed by designated TSDFs/receiving facilities.


6A.	Estimating the Respondent Universe

Beginning in April 2020, EPA reviewed data collected by the e-Manifest system to estimate the number of paper and electronic manifests prepared and offered into transportation annually as well as the number of waste handlers preparing and using these forms. In addition, EPA incorporated feedback from its limited industry consultations performed for this ICR in July and August 2020. 

This section first discusses EPA's estimated number of waste handlers who manifest federal and state hazardous waste, respectively. It then discusses the estimated number of manifests that are prepared and offered into transportation annually. These estimates form the basis for the burden estimates in this ICR.

	1) Handlers who Manifest Federal Hazardous Waste 

Based on e-Manifest data, EPA estimates the annual number of waste handlers that manifest federal hazardous waste, as shown in Table 2. In total, EPA estimates that 100,319 waste handlers will be involved in the shipment of federally regulated wastes using the federal manifest annually.

                                    Table 2
        Annual Number of Handlers that Manifest Federal Hazardous Waste
                             Type of Waste Handler
                             Number of Facilities
                                  Generators
                                    97,694
                                 Transporters
                                     2,212
                              TSDFs  -  Receivers
                                      413
                                                                          Total
                                    100,319


	2) Handlers who Manifest State Hazardous Waste

Based on e-Manifest data, EPA estimates that 103,617 waste handlers will be involved in the shipment of state-only wastes using the federal manifest annually, as shown in Table 3.

                                    Table 3
         Annual Number of Handlers that Manifest State Hazardous Waste
                             Type of Waste Handler
                             Number of Facilities
                                  Generators
                                   102,140*
                                 Transporters
                                     1,244
                              TSDFs  -  Receivers
		233
                                                                          Total
                                    103,617
*This includes both large and small quantity generators as well as very small quantity generators. Very small quantity generators are not subject to the federal manifest program. However, some states require them to manifest their waste under state-programs broader in scope or more stringent than the federal program.


	3) Summary of Handlers who Manifest Federal and State Hazardous Waste

Table 4 presents the total annual number of handlers that manifest federal and state hazardous waste. Specifically, Table 4 combines the handler data in Table 2 (federal handlers) and Table 3 (state handlers) to estimate a total of 203,936 handlers.

                                    Table 4
                   Annual Number of Handlers that Manifest 
                      Federal and State Hazardous Waste*
                             Type of Waste Handler
                             Number of Facilities
                                  Generators
                                    199,834
                                 Transporters
                                     3,456
                              TSDFs  -  Receivers
                                      646
                                                                          Total
                                    203,936
*Table includes rounding.


Of these handlers, EPA estimates that, on average, 6% will use the e-Manifest to track shipments of federal and state hazardous waste using an electronic manifest during the 3-year period covered by this ICR. This equates to 11,990 generators, 207 transporters and 39 designated TSDFs (i.e., 12,236 waste handlers).

	4) Annual Number of Manifests Offered into Transportation

Based on its analysis of e-Manifest data, EPA estimates that 1,828,976 manifests are prepared and offered into transportation annually. This includes both paper and electronic manifests for domestic, import, and export shipments. It includes manifests accompanying federal hazardous waste, state-only hazardous waste covered under 40 CFR 260.5, and other regulated wastes whose manifest must be submitted to the e-Manifest (e.g., polychlorinated biphenyls regulated (PCBs) under 40 CFR Part 761).

EPA notes that the proposed rule revises 40 CFR 262.83(c) by adopting the existing manifest provisions at sections 262.20(a)(3) and 262.24 for electronic manifest use and the electronic signature requirements at section 262.25 for export manifests. This is reflected in the estimates presented in this section of the document.

Table 5 shows the annual adoption rate for waste handlers to prepare and use the electronic manifest to track hazardous waste shipments. During the three-year period covered in this ICR, EPA estimates that 6% of manifests will be prepared and transacted electronically and 94% will be prepared and transacted using the paper form, on average, annually.  

                                    Table 5
                     Annual Adoption Rate for e-Manifest*
                               Type of Manifest
                                    Year 1
                                    Year 2
                                    Year 3
                                3-Year Average
Paper manifests
                                    99.50%
                                    99.50%
                                    84.00%
                                    94.00%
Electronic manifests
                                     0.50%
                                     0.50%
                                    16.00%
                                     6.00%
* The2022-2023 adoption rates are based on March 2021 background white paper from EPA's Hazardous Waste e-Manifest Advisory Board, "Looking Ahead: Setting e-Manifest Program Priorities and User Fees for FY2022 and FY2023."


As discussed at the beginning of Section 6, this ICR estimates burden based primarily on the three activities shown below in accordance with the scope assumptions in Table 1. Table 6 presents the 3-year average number of manifests for each activity: 

 Participating in manifest cycle. This ICR estimates burden to waste handlers for participating in paper manifest cycles for federal hazardous waste as well as electronic manifest cycles for federal and state hazardous waste. This equates to 1.210 million manifests on average annually. 

 Submitting copies to national system. This ICR estimates burden to waste handlers for submitting all paper copies accompanying federal and state waste to the national system. This equates to 1.719 million manifests on average annually. 

 Paying fees. This ICR estimates burden to waste handlers for paying fees for all manifests (paper and electronic) accompanying federal and state waste. This equates to 1.829 million manifests on average annually.
   
                                     Table 6
              3-Year Average Annual Number of Manifests in this ICR*
                          Total Manifest Activities 
                            No. of Paper Manifests
                          No. of Electronic Manifests
                             (Federal and State)**
                                     Total
                                   Manifests

                                    Federal
                                   Hazardous
                                     Waste
                             State Hazardous Waste
                                   QuickSign
                                     PIN/
                                   Password
                        Digitized Electronic Signature

Participating in Manifest Cycle***
                                   1,100,312
                                      --
                                    109,739
                                      --
                                     -- 
                                   1,210,051
Submitting Copies to National System****
                                   1,100,312
                                    618,925
                                      --
                                      --
                                     -- 
                                   1,719,237
Paying Fees****
                                   1,100,312
                                    618,925
                                    109,739
                                      --
                                      --
                                   1,828,976
* See Table 1 and accompanying text for further discussion on how this table sums up paper and electronic manifest totals. This table includes rounding error. Some of the numbers in this table are further refined based on additional assumptions presented later in this document. See Section 6D. Estimates are based on e-Manifest data.
** EPA estimates that QuickSign will be used for all electronic manifests during the 3 years of this ICR.
*** This includes form completion, transmittal to industry third parties, and recordkeeping by generators, transporters and TSDFs/receiving facilities. This ICR does not estimate burden for paper manifests accompanying state hazardous waste during the manifest cycle.
**** This is performed by designated TSDFs/receiving facilities. 


Table 7 presents the manifest counts in Table 6 according to the type of shipment, i.e., domestic, export, or import. For example, Table 7 shows that, of the 1,100,312 paper manifests accompanying federal hazardous waste in Table 6, 1,083,888 forms accompany domestic shipments, 15,026 accompany exports, and 1,398 accompany imports.

                                    Table 7
                        Annual Number of Manifests:*  
                    Domestic, Export and Import Shipments 
                            Shipment/Manifest Type
                                    Federal
                                     State
                                     Total
Domestic
                                     Paper
                                   1,083,888
                                    609,687
                                   1,693,575
                                  Electronic
                                    69,185
                                    38,916
                                    108,101
                                                                          Total
                                   1,153,073
                                    648,604
                                   1,801,677
Exports
                                     Paper
                                    15,026
                                     8,452
                                    23,478
                                 Electronic**
                                      959
                                      539
                                     1,499
                                                                          Total
                                    15,985
                                     8,991
                                    24,976
Imports
                                     Paper
                                     1,398
                                      786
                                     2,184
                                  Electronic
                                      89
                                      50
                                      139
                                                                          Total
                                     1,487
                                      836
                                     2,323
           * Import and export manifests were estimated based on analysis of data from the e-Manifest system for 2020 and EPA Annual Export Report for 2020, respectively.
           
           
6B.	Estimating Respondent Costs 	

Following is a discussion of respondent labor, capital, and operation and maintenance (O&M) costs used in Exhibits 1 through 22. These exhibits are presented in the appendix to this supporting statement. 
	
Labor Costs

 EPA estimates an average hourly respondent labor cost ($2020) of $114.57/hour for legal staff, $97.01/hour for managerial staff, $40.03/hour for technical staff, and $34.23/hour for clerical staff. To derive these hourly estimates, EPA referred to the May 2019 National Occupational Employment and Wage Estimates published by the U.S. Bureau of Labor Statistics. This publication summarizes the unloaded (base) hourly rate for major occupational groups.  EPA then applied the standard government overhead factor of 1.6 to the unloaded rate to derive loaded hourly rates. Finally, EPA updated the loaded hourly rates to March 2020 levels using Employment Cost Indexes developed by the U.S. Bureau of Labor Statistics.

Capital Costs

Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. For this ICR, capital costs include file cabinet costs.  As shown in Exhibit 22, EPA estimates the total average annual capital cost to all hazardous waste handlers under the manifest system, collectively, to be $63,125. EPA took the following steps to derive the capital costs associated with the purchase of file cabinets:

       Estimate the total annual volume of paper manifests required to be retained by all waste handlers. Under the manifest system, generators, transporters, and designated TSDF/receiving facilities must keep copies of paper manifests for a period of 3 years. Thus, at any given time during the effective period of this ICR, the hazardous waste industry is keeping paper copies of 3 years' worth of manifests for domestic, import, and export shipments (except that designated TSDFs in the U.S. do not receive or retain manifests for exports). In total, EPA estimates that waste handlers (i.e., generators, transporters, and designated TSDF/receiving facilities) will need to keep copies of 8,639,725 manifests annually. 
       
       Ascertain the number of standard-size file cabinets that would provide the needed capacity and estimate aggregate cost to waste handlers. EPA estimates that a standard-size, 5-drawer, lateral file cabinet holds approximately 16,000 documents. Thus, for storing 8,639,725 paper manifests, waste handlers would need 540 file cabinets each year. These 540 file cabinets represent the total capacity needed by the industry, collectively, to store all of its paper manifests. EPA estimates that the cost for one file cabinet is $630 and for all 540 file cabinets is $340,200.
       
       Annualize the aggregate cost of standard-size file cabinets using a net present value formula. EPA used the following present value formula to annualize the cost of file cabinets over the 3-year effective life of this ICR:
       
          Annualized Net Present Value = $340,200 x [1/(∑1/(1+k)[t])]
       
       			where 	k = discount rate of 7%;
                t = life of equipment (7 years).
       
       In total, EPA estimates that the hazardous waste industry will need to pay an annual cost of $63,125 for the 540 file cabinets.
       
 Operation and Maintenance (O&M) Costs
 
 O&M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by the Paperwork Reduction Act (PRA) of 1995 as "the recurring dollar amount of costs associated with O&M or purchasing services." For this ICR, O&M costs include:
 
Printing cost for sample manifests:  EPA estimates that respondents will incur a cost of $1,125 for each set of manifest form samples. These respondents are expected to contract with a printing company. Hence, the fee of $1,125 is considered a lump-sum cost. This O&M cost was obtained through limited consultations with registered printers in July 2020. See Section 3C of this document for additional information about the consultations.
          
Purchase blank paper manifest forms from EPA-registered printer: EPA estimates that respondents will incur a cost of $0.61 for each blank paper manifest and $0.61 for each blank paper continuation sheet they purchase from an EPA-registered printer, 
          

          
Photocopying costs: EPA estimates that respondents will incur a cost of $0.10 for each photocopy they make. 
          
Long distance telephone call costs: EPA estimates that respondents will incur a cost of $2.00 for each long distance telephone call they make. 
 
 O&M costs also include the fees assessed to manifest users. See subsection, "(d9) Fees for the Electronic Hazardous Waste Manifest Program," in Section 6D of this document for additional information.

6C.	Estimating Agency Hour and Cost Burden 
 
EPA estimates the Agency hour and cost burden associated with the information collection requirements covered in this ICR in Exhibit 23. This exhibit is presented in the appendix to this supporting statement. 
 
Labor Costs
 
The hourly Agency labor rates used in this ICR were obtained from the 2020 Salary Tables for federal civilian employees, which are published by the Office of Personnel Management. EPA estimates an average hourly labor cost of $83.84/hour for legal staff, $78.42/hour for managerial staff, $57.49/hour for technical staff, and $23.09/hour for clerical staff. The labor costs are based on the following GS levels and steps: legal labor rates were based on GS Level 15, Step 1, managerial labor rates were based on GS Level 14, Step 4, technical labor rates were based on GS Level 12, Step 5, and clerical labor rates were based on GS Level 5, Step 1. To derive hourly estimates, EPA multiplied hourly rates by the standard government overhead factor of 1.6.
      
 Capital and Operation & Maintenance Costs
 
 Table 8 presents preliminary annual capital and O&M cost estimates for the Agency to maintain, upgrade and operate the e-Manifest system over the next 3 years. These costs cover such elements as:
 
          System development;
          Operations & maintenance;
          Paper manifest processing labor and O&M;
          Call center;
          Billing;
          Additional program costs;
          Additional indirect costs; and
          Manifest processing costs.

                                    Table 8
                      Annual Agency Costs for e-Manifest*
Capital
                                  $9,000,000
O&M
                                  $9,000,000
             *The table shows preliminary estimates.


These costs are reflected in Exhibit 23.


6D.	Estimating Respondent Hours and Costs

Exhibits 1 through 21 estimate the annual respondent burden for all activities related to the manifest system, as modified by the proposed rule. Refer to Sections 6A and 6B of this document for respondent universe data used to estimate burden. Exhibit 22 presents the total aggregate annual hour and cost burden to all respondents under the modified manifest system. 
      
      (a)	Registrant Organization Requirements

      (a1)	Reading the Regulations

Exhibit 1 presents the total annual hour and cost burden to registrant organizations in reading the manifest regulations at 40 CFR 262.21. EPA expects that on average, one registrant organization will read 40 CFR 262.21regulations each year.

      (a2)	Applying to the Registry

EPA estimates that each year, one entity will register with EPA to print its own forms. There are O&M costs to a registrant for paying a lump-sum fee and postage to produce and submit three samples of the manifest and continuation sheet under 40 CFR 262.21(d).

Under the proposed rule, the nine existing registrants  will be required to submit three fully assembled manifests and, if needed, continuation sheets that meet the specifications of 40 CFR 262.21(f) and a description of the form samples, as specified in 40 CFR 262.21(d). For purposes of the ICR, EPA estimates that, each year, three existing registrants will submit their manifest form samples.

      (a3)	Updating General Information in the Approved Application

EPA estimates that, each year, three registrant organizations will revise and submit their approved application to EPA, along with an indication or explanation of the update, under 40 CFR 262.21(h)(1). 

      (a4)	Requesting Approval for a New Tracking Number Suffix

EPA estimates that no approved registrant organization will request a new tracking number suffix during the 3-year period covered by this ICR. Because each manifest tracking number consists of the 3-letter suffix and 9 digits, each registrant will be able to generate more than 999 million forms using its original suffix. EPA does not expect a registrant to request a new suffix for many years.
                  
      (a5)	Requesting Approval for Changes to Printing Specifications or Use of a New Printer

EPA estimates that one registrant organization annually will request approval for changes to its form or for the use of a new printer under 40 CFR 262.21(e). There are O&M costs to a registrant for paying a lump-sum fee and postage to produce and submit three samples of the manifest and continuation sheet under 40 CFR 262.21(d).

      (a6) 	Typesetting the Manifest Form Subsequent to its Approval

EPA estimates that no registrant organization will typeset its manifest form instead of using the electronic file of the forms provided by EPA during the 3-year period covered by this ICR. Upon approval of a registrant's application under 40 CFR 262.21(c), EPA will provide it with an electronic file of the manifest, continuation sheet, and instructions and ask it to use these files to develop the forms. In its consultations, EPA found that printers intend to share these files among their printing establishments so that none will need to typeset the form. Typesetting the form would be unappealing to registrants because of the level of effort required in comparison with using the electronic files.

      (a7) 	Requesting an Exemption
      
EPA estimates that no registrant organizations will submit a request for an exemption under 40 CFR 262.21(j). EPA expects each registrant to be forward looking when originally registering under 40 CFR 262.21(b) through (e), and carefully select the appropriate paper type, paper weight, and other aspects of the form. 
      
      (a8)	Notifying EPA of a Printing Specification Violation

EPA estimates that one registrant organization will notify EPA that it has duplicated tracking numbers on forms used or distributed to other parties. Registrants must print their forms according to their approved applications, which will lay out procedures for tightly controlling their tracking numbers and ensuring that each manifest has a unique number. 
      
      (a9)	Revising the Approved Manifest if Requested by EPA

EPA estimates that no registrant organization will need to submit revised manifest form samples, per EPA's request, during the 3-year period covered by this ICR. EPA will carefully review each registrant's forms under 40 CFR 262.21(e) to determine if they satisfy the requirements of 40 CFR 262.21(f). EPA does not expect to identify problems in forms that have been approved. 
       
      (a10)	Responding to Suspension and Revocation Procedures

EPA does not expect to conduct suspension or revocation procedures during the 3-year period covered by this ICR. 
      
      (b)	Generator Requirements

      (b1)	Reading the Regulations

Exhibit 2 presents the total annual hour and cost burden to hazardous waste generators in reading the manifest regulations at 40 CFR Part 262 and, for e-Manifest users, the e-Manifest User Guide. 
      
      (b2)	Manifest Completion

Exhibits 3 and 4 present the total annual hour and cost burden for generators to complete their paper and electronic manifests.[,]  Exhibit 3 estimates burden for generators to prepare the manifests on their own (i.e., without the assistance of the designated TSDF). Exhibit 4 estimates the burden for generators whose manifests are prepared by the designated TSDF on their behalf. These generators normally review and complete the manifest as needed (e.g., sign and date it) when the waste is picked up by the transporter.

      (b3)	Compliance with State Program Requirements

40 CFR 262.21(g)(2) provides that generators must determine whether they are required to comply with requirements specific to state hazardous waste manifest programs. Because these activities are required under state-specific hazardous waste programs, they are not burdened in this ICR as reflected in Exhibit 5.

      (b4)	Manifest Transmittal and Recordkeeping

As reflected in Exhibit 6, EPA estimates the burden for generators to transmit and keep records of manifests sent with highway shipments (91% of all shipments), bulk shipments within the United States solely by water (3%) and rail shipments within the United States which originate at the site of generation (6%). 

The proposed rule modifies some of the manifest transmittal procedures for international shipments. For exports, proposed section 262.83(c)(2)(ii) requires the exporter to enter the exporter's EPA ID and email address on the continuation sheet, if the shipments is not initiated by the exporter (50% of export shipments). In addition, the exporter (instead of the transporter) must submit the manifest to the e-Manifest system for purposes of data entry and processing. For imports, the proposed rule would delete the requirement in 40 CFR 262.84(c)(4) that the importer provide an additional copy of the manifest to the transporter to be submitted by the receiving facility to EPA per sections 264.71(a)(3) and 265.71(a)(3). These changes to the information collection requirements are reflected in Exhibit 6.
      
      (b5)	Undeliverable Shipments

As shown in Exhibit 7, EPA estimates generators' burden for shipments (paper and electronic manifests) that cannot be delivered to the designated facility listed on the manifest, alternate designated facility if appropriate, or the place outside the United States designated by the generator (for an emergency other than rejected loads). Generators must perform the procedures in section 262.20(d). The exhibit also estimates importers' burden for addressing import shipments that cannot be delivered for any reason to the receiving facility, as required by section 262.84(c)(5).

      (b6)	Rejected Waste and Container Residues

As shown in Exhibit 8, EPA estimates that, each year, 0.5% of shipments received by designated facilities will be rejected and, of these, 1% will be returned to the generator (with the other 99% being sent to an alternate designated facility). 

      (b7)	Exception Reports:  Completion, Submission, and Recordkeeping

EPA estimates that, on average, LQGs and SQGs will need to develop an exception report under 40 CFR 262.42 for approximately 1% of the manifests offered into transportation. This assumption is reflected in Exhibit 9.

Proposed sections 262.42(d) and (e) establish a more-automated, electronic exception report system, wherein the validation for the need for an exception report, as well as generation of the report itself, would be conducted automatically. Then, provided the generator is registered with the e-Manifest system, they can sign the auto-generated exception report and have it sent directly to EPA.   These changes to the information collection requirements are reflected in Exhibit 9.

      (c)	Transporter Requirements

	(c1)	Reading the Regulations

Exhibit 10 presents the total annual hour and cost burden to hazardous waste transporters in reading the manifest regulations at 40 CFR Part 263 and, for e-Manifest users, the e-Manifest User Guide.

      (c2)	Manifest Completion, Transmittal, and Recordkeeping
      
Exhibit 11 examines the manifesting burden for transporters transporting domestic and international shipments of hazardous waste. [,]  EPA estimates that, of the manifests offered into transportation each year, approximately 91% will accompany highway shipments, 3% will accompany water shipments, and 6% will accompany rail shipments. 

Note that, for exports, EPA is proposing two changes to the transporter manifest transmittal procedures. Under proposed section 262.20(g)(1), the transporter must date (not sign) the manifest when the shipment crosses domestic borders. In addition, the proposed rule would add new provisions to section 262.83 that would require exporters, rather than transporters, to submit export manifests to EPA for processing. These proposed changes are reflected in Exhibit 11. 

Exhibit 11 also addresses undeliverable shipments. This ICR estimates that 1% of all manifests offered into transportation (paper and electronic) cannot be delivered to the designated facility listed on the manifest, alternate designated facility if appropriate, or the place outside the United States designated by the generator (for an emergency other than rejected loads). As reflected in Exhibit 11, the transporter must contact the generator for further instructions pursuant to section 263.21(b)(1). Finally, Exhibit 11 addresses rejected loads and container residues. 
      
      (c3)	Replacement Manifests
      
Exhibit 12 estimates that 1% of electronic manifests carried by highway transporters will require replacement manifests. EPA assumes that all electronic manifests will be replaced by reproducing 3 paper copies.

      (c4)	Post-Receipt Manifest Data Corrections
      
EPA expects each transporter company to register its employees with the e-Manifest system and have system access to make corrections.  Exhibit 13 reflects EPA's estimate that transporters will submit corrections or respond with comments for 0.1% of all manifests (paper and electronic) accompanying federal and state waste annually. 

      (c5)	Notification of Discharge of Hazardous Waste
      
Based on the Statistical Abstract of the United States, EPA estimates that approximately 15,000 accidents per year involve transporters of hazardous substances. EPA has used its best judgment to estimate that 5% of these accidents involve transporters of hazardous waste annually (i.e., hazardous waste is a subset of hazardous substances). These transporters will be required to notify local authorities of the discharge as required under 40 CFR 263.30. This is reflected in Exhibit 14.

In addition, based on data from the National Response Center (NRC), EPA estimates that the NRC receives approximately 4,500 notifications of marine source incidents for discharges of oil or hazardous substances annually. NRC data also indicate that about 66% of these incidents involved oil discharges and 33% involved hazardous substances discharges. Of the discharges of hazardous substances, EPA estimates that 5% involve water transporters transporting hazardous waste. These transporters must notify NRC or EPA under 33 CFR Part 153. The purpose of 33 CFR Part 153 is to prescribe regulations concerning notification to the US Coast Guard of the discharge of oil or hazardous substances as required by the Federal Water Pollution Control Act, as amended; the procedures for the removal of a discharge of oil; and the costs that may be imposed or reimbursed for the removal of a discharge of oil or hazardous substances.

      (d)	Designated Treatment, Storage, and Disposal Facility Requirements
      
      (d1)	Reading the Regulations

Exhibit 15 presents the total annual hour and cost burden to designated TSDFs/receiving facilities in reading the manifest regulations at 40 CFR Part 264 or 265 and, for e-Manifest users, the e-Manifest User Guide.
      
      (d2)	Completing the Manifest (assisting the generators)

Exhibit 16 estimates the burden for designated TSDFs to assist their generator customers in preparing the manifest on their behalf.

      (d3)	Transmitting the Manifest and Reporting to EPA

Exhibit 17 estimates the burden for designated TSDF/receiving facility completion of all manifests (paper and electronic) involved in the manifest cycle as described in Tables 1 and 6.[ ][,][ ] For all manifests involved in the manifest cycle, proposed sections 264.71(a)(2)(iv) and 265.71(a)(2)(iv) would require the U.S. receiving facility to send a copy of the manifest to the e-Manifest system, not to the generator.

In regard to paper manifests accompanying state hazardous waste, EPA recognizes that a number of receiving facilities must complete these forms under existing state requirements. This ICR need not estimate the burden for such paper manifests because these activities are being performed under state-specific, broader-in-scope program requirements in the absence of federal requirements to do so. However, EPA is aware that some shipments of state waste have faced implementation and tracking challenges when they cross state lines, making it unclear if the facility must complete and return the manifest.   The federal regulations could place incremental burden on these facilities by clarifying that completion is mandatory for all manifests accompanying state waste. 

Because of this, Exhibit 17 estimates burden for facilities to complete paper manifests accompanying state waste that would not have been completed under state regulations. EPA estimates that 25% of paper manifests accompanying state waste are completed as a result of the federal regulations. It is assumed that the remaining 75% of paper manifests were already being completed under state regulations and need not be addressed in this ICR. 

In addition, facilities must submit copies of the paper manifest to the national system in accordance with 40 CFR 260.4, 260.5, 264.71(a)(2)(v) or 265.71(a)(2)(v). Based on e-Manifest data, EPA estimated the annual submittal rate for each method as shown in Table 9. The table shows that, on average annually during the 3-year life of this ICR, 0% of paper manifests will be submitted as mailed paper copies, 24% as image files, and 60% as data files and image files.  

                                    Table 9
             Annual Manifest Submittal Rates, by Submittal Method
                               Submittal Method
                                    Year 1
                                    Year 2
                                    Year 3
                                3-Year Average
                                 Mailed Paper
                                      0%
                                      0%
                                      0%
                                      0%
                                 Image only *
                                    14.50%
                                    14.50%
                                      12%
                                      14%
                              Data & Image **
                                      85%
                                      85%
                                      72%
                                      81%
                                  Electronic
                                     0.5%
                                     0.5%
                                      16%
                                      5%
                                                                          Total
                                     100%
                                     100%
                                     100%
                                     100%
* Facilities scan and upload each copy.
** Facilities have two options for submission: Web method or Service method. In the Web method, the facility enters (e.g., key punches) data on each manifest into the e-Manifest system. In the Service method, the facility upgrades and maintains its in-house data system, which uploads manifest data automatically. All facilities must scan and upload each manifest.
                                       
For purposes of this ICR, EPA estimates that Years 1, 2, and 3 correspond approximately to calendar years 2022, 2023, and 2024. 

These estimates are reflected in Exhibit 17.

      (d4)	Compliance with State Program Requirements

40 CFR 264.71(e) and 265.71(e) provide that TSDFs must determine whether they are required to comply with requirements specific to state hazardous waste manifest programs. Because these activities are required under state hazardous waste programs, they are not burdened in this ICR. This is reflected in Exhibit 17.
      
      (d5)	Discrepancy Reports

As reflected in Exhibit 17, EPA estimates that approximately 12% of manifests accepted by the designated facilities require reconciling discrepancies between the manifest data and the shipment (e.g. by phoning the generator). EPA further estimates that 2% of manifests accepted by the designated facility will require a discrepancy report under 40 CFR 264.72 or 265.72. 

The proposed rule establishes a framework for electronic Discrepancy Reporting, wherein an automated system would identify relevant discrepancies, allow for the electronic submission of corrections, and if the relevant timeframe is exceeded without sufficient correction, auto-generate a Discrepancy Report that can be electronically submitted by the receiving facility. Exhibit 17 reflects the change in burden associated with the proposed change.
      
      (d6)	Rejected Waste and Container Residues
      
As shown in Exhibit 18, EPA estimates the burden for designated facilities to reject a shipment or identify and ship a container residue. 

      (d7)	Post-Receipt Manifest Data Corrections

EPA expects each receiving facility (federal and state) to register with the e-Manifest system and have system access for corrections.   Based on e-Manifest data, EPA estimates that facilities will submit corrections or respond with comments for 2% of manifests (paper and electronic) accompanying federal and state waste annually, as reflected in Exhibit 19. 
      
      (d8)	Unmanifested Waste Reports:  Completion and Submission

As shown in Exhibit 20, EPA estimates that receiving facilities will need to notify the Agency of any shipments of hazardous waste that arrive at the facility without a manifest (i.e., un-manifested waste shipment).

Under the proposed rule, EPA would only accept electronic submissions of an Unmanifested Waste Report to the system by the receiving facility. EPA would no longer accept Unmanifested Waste Reports through a written, hard copy report. Thus, under the proposed approach, receiving facilities would need e-Manifest system access to submit Unmanifested Waste Reports. EPA proposes to impose a user fee on receiving facilities for each submission of an Unmanifested Waste Report.

      (d9)	Fees for the Electronic Hazardous Waste Manifest Program
      
Exhibit 21 estimates the annual fee amount paid by facilities as well as other activities performed in compliance with 40 CFR Part 264 and 265, Subpart FF. The regulations set forth a methodology and requirements for EPA to calculate user fees for paper and electronic manifests. The national system will collect fees directly from TSDFs/receiving facilities, taking into account the submittal method and number of forms. 

Table 6 estimates that 1,785,405 manifests will accompany federal and state waste manifests (electronic and paper) annually. Table 9 presents the average annual manifest submittal rates. Table 10 combines these data to estimate the annual number of manifests by submittal method for which fees must be paid. 
                                       
                                   Table 10
       Annual Submittal Rates and Number Manifests, by Submittal Method*
                               Submittal Method
                      3-Year Annual Average Percentage**
              Annual Number of Manifests for Which Fees Are Paid
Mailed Paper
                                      0%
                                      0 
Image only
                                      14%
                                   256,057 
Data & Image
                                      81%
                                  1,482,391 
Electronic
                                      5%
                                   109,739 
Total
                                     100%
                                   1,828,976
*Table includes rounding error.
**These average annual percentages are calculated in Table 9 of this document. Averages include rounding.


Table 11 presents EPA's preliminary estimate of the average per-manifest user fees over the 3-year life of this ICR. Exhibit 21 applies these fees to the total annual number of manifests for which fees must be paid as shown in Table 10.

                                   Table 11
                  User Fees per Manifest, by Submittal Method
                               Submittal Method
                               Fee per Manifest
                                 Mailed Paper
                                     $0.00
                                  Image only
                                    $20.00
                               Data & Image
                                    $13.00
                                  Electronic
                                     $8.00


The exhibit also estimates the burden to facilities for implementing the informal fee dispute resolution procedures at 40 CFR 264.1316 and 265.1316.


Annual Respondent Hour and Cost Burden under Other Existing Information Collection Requests

In addition to making changes to manifest information collection requirements, the proposed rule also makes changes to the RCRA hazardous waste international movement document requirements to more closely link the manifest data with the international movement document data. Specifically, EPA would require exporters and importers to list the RCRA manifest tracking number in the international movement document, if the shipment is required to be manifested while being transported in the United States. EPA estimates the hour and cost burden that exporters and importers would incur in complying with the new international movement document requirements in Table 12. The burden associated with these new requirements would be covered under the ICR (EPA ICR Number; OMB Control Number).

                                   Table 12
Annual Respondent Hour and Cost Burden Associated
with New International Movement Document Requirements
                                   ICR Name
                                      EPA
                                  ICR Number
                                    Hours/
                                     Year
                                  Labor Cost/
                                     Year
                                 Capital Cost/
                                     Year
                                 O&M Cost/
                                     Year
                               Total Cost/ Year







Hazardous Waste Generator Standards
                                      820
                                      362
                                    $14,450
                                      $0
                                      $0
                                    $14,450


6E.	Bottom Line Burden Hours and Cost

Respondent Tally

Exhibit 22 shows the total annual hour and cost burden to respondents for the information collection requirements covered in this ICR. As shown in the exhibit, EPA estimates the annual respondent burden to be 2,458,568 hours and $121,690,615. The bottom-line burden to respondents over 3 years is estimated to be 7,375,704 hours and $365,071,845. 

Agency Tally

Exhibit 23 shows the annual Agency hour and cost burden associated with all the requirements covered in this ICR. As shown in this exhibit, EPA estimates the annual Agency burden to be 83,449 hours and $27,950,490. The bottom-line burden to the Agency over 3 years is estimated to be 250,347 hours and $83,851,470.

6F.	Reasons for Change in Burden

This ICR presents a comprehensive description of the total annual respondent burden for all activities related to the manifest system, as modified by the proposed rule. This ICR also presents discussion on factors other than the proposed rule changes that impact the total annual respondent burden for this ICR. Tables 13 and 14 compare the total annual respondent burden and costs under the baseline (i.e., existing) and proposed rule, respectively. 

As shown in Tables 13 and 14, the total annual respondent burden and cost would increase by 111,909 hours and $3,474,328, respectively, due to the proposed rule changes and use of a new, refined generator estimate methodology. This ICR updated the generator methodology previously used for the baseline ICR (801.25). The baseline ICR underestimates the total annual respondent burden and costs for all activities related to the manifest system. Tables 15 presents the impacts of the refined methodology to the baseline ICR (801.25). Table 16 compares the updated baseline ICR to this ICR.

The baseline ICR (ICR 801.25) estimated 106,136 waste handlers prepared manifests during calendar year 2019. However, the baseline ICR excluded 113,435 respondents who also prepared manifests in that same year but did not identify themselves as generators in the RCRAInfo system. Although the baseline ICR excluded these waste handlers from the respondent estimate, the manifests prepared by them were included in the total annual manifest count (1,785,404) for the ICR. Therefore, EPA refined its data collection methodology for this ICR (2712.01) to include 100,196 excluded hazardous waste handlers to the hazardous waste handler count. This ICR classifies the previously excluded respondent group as generators because they prepared manifests for their wastes.

The number of generators preparing manifests is a key estimate because it affects the estimated respondent activities associated with reading the manifest regulations and the e-Manifest user guide. The increase in burden and costs for these manifest activities increased the burden and costs for the rule overall and thus overshadowed the annual burden reduction and cost savings resulting from the proposed changes. The proposed changes would allow entities to leverage the e-Manifest system for the completion, transmission, and submission of manifests for hazardous waste export shipments and to complete certain reports (e.g., Exception and Discrepancy Reports) electronically. Addition of the previously excluded group to the annual respondent estimate in this ICR increased the total respondent estimate by 92% (203,936), and thus caused the respondent burden and total annual cost estimates for reading the manifest regulations and the e-Manifest guide to increase approximately 108% (from 70,057 hours to 146,098 hours) and 107% (from $3,665,115 to $7,581,290), respectively. Thus, the adjustment to the number of generators increased the total annual respondent burden and costs for this ICR. 





               Table 13 Comparison of Annual Respondent Burden 
                     under the Baseline and Proposed Rule


                             Annual Burden (Hours)

                                     2022
                                     2023
                                     2024
                                    Average
                                       
                                  Baseline *
                                   2,362,089
                                   2,362,089
                                   2,315,800
                                   2,346,659
                                       
                               Proposed Rule **
                                   2,458,568
                                   2,458,568
                                   2,458,578
                                   2,458,568
                                                                               
                                                        Increase under Proposal
                                    111,909
The baseline ICR (EPA ICR Number 0801.25) estimates burden for calendar years 2021, 2022, and 2023. To be consistent with the proposed rule, the table provides estimates for calendar years 2022, 2023, and 2024. To estimate annual burden under the baseline for year 2024, EPA assumed that QuickSign will be used for all electronic manifests.
** The proposed rule ICR (EPA ICR Number 2712.01) estimates burden for calendar years 2022, 2023, and 2024.

                                       
                                   Table 14
                    Comparison of Annual Respondent Costs 
                     under the Baseline and Proposed Rule


                                       
                                 Annual Costs

                                     2022
                                     2023
                                     2024
                                    Average
                                       
                                  Baseline *
                                 $118,940,729
                                 $118,940,729
                                 $116,767,403
                                 $118,216,287
                                       
                               Proposed Rule **
                                 $115,996,447
                                 $115,996,447
                                 $115,996,447
                                 $121,690.615
                                                                               
                                                        Increase under Proposal
                                  $3,474,328
* The baseline ICR (EPA ICR Number 0801.25) estimates burden for calendar years 2021, 2022, and 2023. To be consistent with the proposed rule, the table provides estimates for calendar years 2022, 2023, and 2024. To estimate annual burden under the baseline for year 2024, EPA assumed that QuickSign will be used for all electronic manifests.
** The proposed rule ICR (EPA ICR Number 2712.01) estimates costs for calendar years 2022, 2023, and 2024.


Table 15 compares the average annual burden and costs under the original baseline and the revised baseline which reflects adjustments to the annual burden and costs resulting from use of the refined generator estimate methodology. Addition of the excluded generators in the baseline ICR results in the total annual burden and costs of 2,537,216 hours and $127,325,497, respectively which is an increase in burden and costs of 175,127 hours and $8,384,768, respectively.
                                       

Table 15 Comparison of Annual Burden and Costs under Original and Refined Baseline ICR 801.25
                                       

                        Original Baseline ICR (801.25)
                        Updated Baseline ICR (801.25)
                                  Difference
                             Annual Hours (Hours)
                                   2,346,659
                                   2,535,021
                                    188,362
                                 Annual Costs 
                                       
                                 $118,216,287
                                 $127,188,504
		$8,972,217

	
Table 16 compares estimates for the updated baseline ICR (801.25) and this ICR (2712.01). The updated baseline ICR estimates an annual respondent burden and total annual costs of 2,535,021 hours and $127,188,504, respectively. This ICR estimates an annual respondent burden of 2,458,568 hours and $121,690,615, respectively, which is a 76,453 hours and $5,497,889 decrease from the updated baseline ICR. The decrease results from the proposed changes to the manifest regulations regarding the: 1) completion, transmission, and submission of manifests for international shipments; and 2) integration of the manifest-related reports (i.e., discrepancy, exception, and unmanifested waste reports) so that they can be transmitted electronically and more efficiently in the e-Manifest system rather than as separate, written reports. In addition, the respondent burden reduction and total annual cost savings result from the decrease in the burden and costs for manifest activities associated with reading the manifest regulations and e-Manifest User Guide. Finally, the total annual cost savings under this ICR also result from the e-Manifest program changes regarding the removal of the postal mail option for submitting paper manifests to EPA and adjustment to the user fees for fiscal years (FYs) 2022/2023. The burden reduction and cost savings associated with reading the manifest regulations and user guide as well as the cost savings resulting from EPA's e-Manifest program changes are as follows: 

 The updated baseline ICR estimates that respondent burden and costs for reading the manifest regulations and user guide are 182,431 hours and $9,514,998. This ICR estimates that the respondent burden and cost for these manifest activities is 146,098 hours and $7,581,290 respectively which is approximately 20% decrease for both respondent burden (36,333 hours) and total annual costs ($1,933,708). (See adjustments 7 and 8).

 As of June 30, 2021, EPA no longer accepts paper manifests submitted by postal mail. Receiving facilities now must submit paper manifests either via image only or data plus image to EPA's e-Manifest system. Because mailed manifests were eliminated in FY 2021, there are no estimated annual user fee costs for this manifest type under this ICR. EPA also adjusted the user fees for FY 2022/2023 as shown above in Table 11. As mentioned previously, this ICR estimates burden to waste handlers for paying fees for all manifests (paper and electronic) accompanying federal and state waste. The baseline ICR estimates on average 1.785 million manifests are submitted to the e-Manifest system annually and thus waste handlers would be billed for those submissions. This ICR estimates on average 1.829 million manifests are billed annually for payment which is approximately a 2.5% increase from the baseline ICR (see adjustment 4). Despite the slight increase in the average annual number of manifest submissions for this ICR, respondent costs for paying user fees decreased. The baseline ICR estimates the total annual user fees are $26,580,601. The total annual user fees are $25,272,627 which is approximately a 5% annual cost savings (see adjustment 10). 

 
                                   Table 16
           Comparison of Updated Baseline ICR 801.25 and ICR 2712.01
                                       
	
                             Respondent Parameter
        Updated baseline ICR 801.25 using refined generator methodology
                                  ICR 801.26
	Difference
1. Total annual number of waste handlers using the manifest*
                                    219,571
                                    203,936
                                    15,635
2. Total annual number of manifests in manifest cycle**
                                   1,081,903
                                   1,100,312
                                    18,409
3. Total annual number of paper manifests submitted to National System
                                   1,591,034
                                   1,719,237
                                    128,203
4. Total annual number of manifests (both electronic and paper) for which user fees are paid
                                   1,785,404
                                   1,828,976
                                    43,572
5.  Total annual hourly burden to all facilities for submitting manifest copies to e-Manifest 
                                    190,164
                                    196,240
                                     6,076
6. Total annual hourly burden
                                   2,535,021
                                   2,458,568
                                    76,453
10. Average total annual costs
                                 $127,188,504
                                 $121,690,615
                                  $5,497,889
7. Total annual hourly burden to generators for reading the regulations
                                    182,431
                                    146,098
                                    36,333
8. Total annual costs to generators for reading regulations
                                  $9,514,998
                                  $7,581,290
                                  $1,933,708
9. Total annual O&M costs
                                  $28,997,233
                                  $27,328,562
                                  $1,668,671
10. Total annual user fees (O&M cost)***
                                  $26,580,601
                                  $25,272,627
                                  $1,307.974

* Note that the manifest counts in both ICRs are based solely on 2020 e-Manifest data and therefore are accurate.
**This includes form completion, transmittal to industry third parties, and recordkeeping performed by generators, transporters, and TSDFs/receiving facilities
***Total annual user fees are a subset of total annual O&M costs.

6G.	Burden Statement
      
The public reporting and recordkeeping burden per response for this collection of information is estimated to average 60 minutes per paper manifest and 10 minutes per electronic manifest for generators; 20 minutes per paper manifest and 5 minutes per electronic manifest for transporters; and 30 minutes per paper manifest and 5 minutes per electronic manifest for owners and operators of receiving facilities designated on the manifest. Table 15 presents these estimates.  

                                   Table 17
            Public Reporting and Recordkeeping Burden per Response 
                                Waste Handlers
                          Time per Response (minutes)
                                       
                                Paper Manifest
                              Electronic Manifest
Generators
                                      60
                                      10
Transporters
                                      20
                                       5
Designated Facilities
                                      30
                                       5
      
The burden for reading the e-Manifest User Guide is estimated to be 2 hours per waste handler per year. 

Burden means the total time, effort, and financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a federal agency. This includes the time needed to review the paper form instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. 

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this proposed rule under Docket ID No. EPA - HQ - OLEM - 2021-0609, which is available for online viewing at www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), WJC West Building, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for RCRA Docket is (202) 566-0270. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA - HQ - OLEM - 2021-0609 and OMB Control Number 2050-0039 in any correspondence.
