The Environmental Protection Agency (EPA) or (the Agency) is making four minor corrections to a final rule that appeared in the Federal Register on July 26, 2024. The final rule related to regulatory changes to incorporate export manifests and other manifest-related reports (i.e., Discrepancy, Exception, and Unmanifested Waste Reports) into e-Manifest, as well as other changes related to manifests, including for polychlorinated biphenyls under the Toxic Substances Control Act.
DATES: This final rule is effective on January 22, 2025.
Overview: What is 2024-25370
The document is a “Final rule; correction” issued by EPA on October 31, 2024. It corrects minor drafting, typographical, and regulatory-text/form alignment errors in the previously promulgated 2024 “Third Rule” for e-Manifest.
The correction by itself makes no substantive new regulatory requirements — it ensures that the final regulatory text in the CFR (especially parts of 40 CFR subpart 262, etc.) properly and precisely tracks the manifest form design and intended distribution/copy scheme (e.g., aligning manifest copy-distribution instructions with form margins).
The correction rule becomes effective on January 22, 2025.
Implication: The 2024-25370 correction rule does not itself impose a new regulatory burden or new compliance event for December 1, 2025. Rather, it finalizes (via technical correction) the previously adopted provisions under the Third Rule.
✅ Underlying “Third Rule” — Key Substantive Requirements & What Begins (or Must Be Compliant) by December 1, 2025
The 2024 correction rule’s importance arises because it pertains to the implementation of the Third Rule. The Third Rule, published July 26, 2024, under RCRA, revises hazardous waste manifest regulations.
Here are the main requirements — particularly those with a deadline or effective date of December 1, 2025.
🔹 What the Third Rule Requires
Inclusion of Export Manifests in e-Manifest
Export manifests for hazardous waste (i.e., shipments from the U.S. to foreign destinations) must now be submitted via e-Manifest. The exporter (not necessarily the generator) is designated as responsible for submission and payment of the required user fees.
The manifest form is revised: the uniform hazardous waste manifest is simplified from five copies to four copies (removing the “Designated Facility Copy”) under the new e-Manifest scheme.
Electronic Reporting of Manifest-Related Reports (Domestic and Export):
The Third Rule brings into the e-Manifest system the following formerly paper-submitted reports:Exception Reports (when a generator does not receive confirmation of waste receipt),
Discrepancy Reports (when quantity or waste type does not match what was manifested),
Unmanifested Waste Reports (when waste arrives without a manifest),
Mandatory Registration for Generators (SQGs and LQGs):
Under the rule, small quantity generators (SQGs) and large quantity generators (LQGs) must register in the e-Manifest system (via EPA’s RCRAInfo portal) so they can access final, signed manifest copies online.As part of revised manifest procedures, TSDFs (treatment, storage, disposal facilities) are no longer required to mail printed return copies of manifests to generators — the final manifest will be accessed digitally.
Mandatory Correction of Manifest Data Errors:
The rule formalizes a requirement that, upon request from EPA or a State, manifest data errors must be corrected electronically in e-Manifest — within 30 days of the request. Any party named on the manifest may voluntarily correct manifest data at any time.Expanded Data Requirements for International Shipments:
The manifest (and any associated movement documents) for export/import shipments must include additional international-shipment data elements (e.g., exporter EPA ID, consent numbers when required). The manifest changes are designed to support better integration with the EPA’s Waste Import Export Tracking System (WIETS) under RCRAInfo.Extension and Harmonization of Manifest-Report Submission Time Frames:
For Exception Reports: under the revised rule, generators (especially LQGs) must contact other parties if a manifest is unreturned within 45 days and file an Exception Report within 60 days.
For Discrepancy Reports: receiving facilities have up to 20 days (instead of the previous 15) to submit discrepancy reports via e-Manifest.
📅 December 1, 2025 — Key Compliance Trigger Date
All export manifests (hazardous waste leaving the U.S.) must be submitted via e-Manifest as of December 1, 2025.
All manifest-related reports (Exception, Discrepancy, Unmanifested Waste) required under RCRA manifest regulations must be submitted using the e-Manifest system — paper submissions to EPA or state agencies will no longer be valid after that date.
Full transition from 5-copy manifests to the revised 4-copy manifest form for export/import shipments — while the new 4-copy manifest is available earlier, the older 5-copy may be used only up to December 1, 2025 (after which export manifest compliance requires the new form or electronic manifest).
Thus, December 1, 2025 is the “go-live” date for the full suite of digital-manifest and reporting requirements under the 2024 Third Rule.
⚠️ Legal & Compliance Implications for Regulated Entities (Generators, Exporters, TSDFs, Transporters) & for IHMM-Accredited Professionals
For U.S. Exporters of Hazardous Waste: must ensure e-Manifest account registration, pay user fees, and submit export manifests electronically by December 1, 2025. Non-compliance may lead to enforcement under RCRA manifest regulations.
For Generators (LQG, SQG): must have RCRAInfo/e-Manifest registration; must monitor e-Manifest for signed manifests rather than rely on mailed hard-copies; must be ready to submit Exception Reports through e-Manifest if receipt confirmation is not received.
For TSDFs / Receiving Facilities: must shift from paper-based manifest return mailing to electronic upload; must use e-Manifest to submit Discrepancy and Unmanifested Waste Reports after December 1, 2025.
For Transporters / Brokers / Export Agents: when handling export shipments, ensure movement documents and data (e.g., manifest tracking number) align with revised international shipment requirements; last transporter must provide signed manifest to exporter for e-Manifest submission.
For PCB Waste Handlers (TSCA-regulated PCBs): manifesting requirements for PCBs are now aligned with the e-Manifest system; manifest-related reporting (for PCB waste) will follow the same rules.
For IHMM-Certified Professionals (CHMM, CSHM, AHMM, etc.): Must advise clients/employers to update hazardous waste management SOPs, contracts with waste brokers/transporters, training and compliance checklists to reflect e-Manifest deadlines; ensure internal audits anticipate full digital manifest/reporting compliance as of December 1, 2025.
🔎 Role of the 2024-25370 Correction
The October 31, 2024 correction rule (2024-25370) ensures the manifest-regulation text in the CFR correctly reflects the layout and distribution instructions of the new manifest form (the 4-copy manifest) adopted under the Third Rule.
It also tidies up technical / typographical errors and clarifies regulatory text so that the legal requirements (as interpreted) match what regulated parties will use in practice (forms, distribution, e-Manifest workflow).
Because the correction is technical / non-substantive, it does not impose additional obligations beyond those already established; but it strengthens the clarity and enforceability of the manifest requirements.
🧑⚖️ Legal Interpretation / Advice – For IHMM Context
Treat December 1, 2025 as a hard regulatory “drop-dead” date for full compliance with e-Manifest for exports and manifest-related reporting. The underlying Third Rule — not the correction document itself — establishes that date. As counsel or compliance advisor: advise clients/organizations to treat that date as a compliance milestone, not as a “target.”
Update governing documents / SOPs / contracts / compliance manuals now. As part of corporate governance, ensure that all hazardous waste generators, transporters, and disposal facilities under your oversight revise internal procedures to:
Register in e-Manifest (if SQG or LQG)
Use only the revised 4-copy manifest (or e-Manifest) for exports by the deadline
Route Exception, Discrepancy, and Unmanifested Waste reporting via e-Manifest (no paper mailing) after December 1, 2025
Maintain electronic recordkeeping and assign responsibility for manifest-data corrections in a timely manner (30-day correction window upon EPA/state request)
For export operations — revisit agreements with waste brokers, transporters, foreign receivers to ensure compliance with international-shipment-data requirements (exporter EPA ID, consent numbers, movement documents, etc.); ensure the last U.S. transporter forwards the signed manifest to the exporter so submission obligations are met.
Risk and enforcement preparedness: Although the correction rule itself is technical, failure to meet the December 1, 2025 requirements could result in RCRA violations — especially for exporters or generators who continue to rely on paper manifests or paper reporting after the deadline. Document compliance decisions and keep evidence of e-Manifest registration, form version, and report submissions.
🔚 Conclusion
The 2024-25370 rule is a technical correction, not a new regulatory mandate. Its importance lies in aligning the regulatory text with form design and promulgated intent.
The real substantive changes — under the Third Rule — carry significant compliance obligations beginning December 1, 2025: electronic export manifests, digital reporting of exception/discrepancy/unmanifested waste reports, and adoption of the revised 4-copy manifest (or e-Manifest) form.
For IHMM-certified professionals and their organizations, December 1, 2025 represents a hard compliance milestone requiring updated governance documents, SOPs, training, and compliance monitoring — and warranting careful legal oversight and internal audit readiness.
Leave A Comment