system and regulatory program requirements. Nor do we believe that the
e-Manifest system will impose any enforceable duties on these entities.
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not an economically significant regulatory action as defined by
Executive Order 12866. In addition, because the rule would not increase
risk related to exposure to hazardous materials, the Agency does not
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' under Executive
Order 13211, ``Actions Concerning Regulations that Affect Energy
Supply, Distribution, or Use'' (May 18, 2001) because it is not likely
to have a significant adverse effect on the supply, distribution or use
of energy. The proposed rule would not directly regulate energy
production or

consumption and is expected to result in net cost savings.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action does not have disproportionately high
and adverse health or environmental effects on minority populations,
low-income populations and/or indigenous peoples, as specified in
Executive Order 12898 (59 FR 7629, February 16, 1994). Findings are
documented in the Regulatory Impact Analysis for EPA's Proposed Rule
Integrating e-Manifest with Hazardous Waste Exports and Other Manifest-
related Reports, PCB Manifest Amendments and Technical Corrections
found in the docket. Proposed changes in this proposed rule, however,
will serve to increase public transparency of hazardous waste activity
in communities, including greater access to information regarding
hazardous waste shipments exported out of the U.S. and information
regarding irregularities in the manifest process, e.g., manifest
exception, discrepancy, and unmanifested waste reporting.

List of Subjects

40 CFR Part 260

    Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.

40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.

40 CFR Part 262

    Environmental protection, Electronic reporting requirements,
Exports, Hazardous materials transportation, Hazardous waste, Imports,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.

40 CFR Part 263

    Environmental protection, Electronic reporting requirements,
Exports, Hazardous materials transportation, Hazardous waste, Imports.

40 CFR Part 264

    Environmental protection, Electronic reporting requirements,
Hazardous waste, Imports, Packaging and containers, Reporting and
recordkeeping requirements, Security measures.

40 CFR Part 265

    Environmental protection, Electronic reporting requirements,
Hazardous waste, Imports, Packaging and containers, Reporting and
recordkeeping requirements.

40 CFR Part 267

    Standards for Owners and Operators of Hazardous Waste Facilities
Operating Under a Standardized Permit.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Electronic reporting requirements,
Hazardous materials transportation, Hazardous waste, Reporting and
recordkeeping requirements.

40 CFR Part 761

    Environmental protection, Manifest, Polychlorinated biphenyls.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, EPA proposes to amend 40
CFR parts 260, 261, 262, 263, 264, 265, 267, 271, and 761 as follows:

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

0
1. The authority citation for part 260 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934,
6935, 6937, 6938, 6939, 6939g and 6974.

0
2. Section 260.2 amends paragraphs (d)(1) and (2) by adding a sentence
at the end of each paragraph to read as follows:

Sec.  260.2  Availability of information; confidentiality of
information

* * * * *
    (d)(1) * * * After [Effective Date of the Final Rule], no claim of
business confidentiality may be asserted by any person with respect to
information contained in hazardous secondary material export documents
prepared, used and submitted under Sec.  261.4(a)(25), whether
submitted electronically into EPA's Waste Import Export Tracking System
or in paper format.
    (2) * * * After [Effective Date of the Final Rule], EPA will make
available to the public under this section any hazardous secondary
material export documents prepared, used and submitted under Sec.
261.4(a)(25) on March 1 of the calendar year after the related
hazardous secondary material exports occur, when these documents are
considered by EPA to be final documents.
* * * * *

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
3. The authority citation for part 261 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.

0
4. Section 261.4 is amended by revising paragraphs (a)(25)(i)(A), (H),
and (v) to read as follows:

Sec.  261.4  Exclusions

    (a) * * *
    (25) * * *
    (i) * * *
    (A) Name, site address, telephone number and EPA ID number (if
applicable) of the hazardous secondary material generator;
* * * * *
    (H) The name and site address of the reclaimer, any intermediate
facility and any alternate reclaimer and intermediate facilities; and
* * * * *
    (v) EPA will provide a complete notification to the country of
import and any countries of transit. A notification is complete when
EPA receives a notification which EPA determines satisfies the
requirements of paragraph (a)(25)(i) of this section.
* * * * *
0
5. Section 261.6 is amended by revising paragraphs (a)(3)(i)(A) and (B)
to read as follows:

Sec.  261.6  Requirements for recyclable materials.

    (a) * * *
    (3) * * *
    (i) * * *
    (A) The person initiating a shipment for reclamation in a foreign
country, and any intermediary arranging for the shipment, must comply
with the requirements applicable to an exporter in Sec.  262.83 with
the exception of Sec.  262.83(c);
    (B) Transporters transporting a shipment for export or import must
comply with the movement document requirements listed in Sec.
263.20(a)(2) and (c).
* * * * *
0
6. Section 261.39 is amended by revising paragraphs (a)(5)(i)(A), (F),
(a)(5)(v)(B) is amended by revising the language before the colon in
the first sentence; and revising paragraph (a)(5)(xi).
    The revisions to read as follows:

Sec.  261.39  Conditional Exclusion for Used, Broken Cathode Ray Tubes
(CRTs) and Processed CRT Glass Undergoing Recycling.

    (a) * * *
    (5) * * *
    (i) * * *
    (A) Name, site address, telephone number and EPA ID number (if
applicable) of the exporter of the CRTs.
* * * * *
    (F) The name and site address of the recycler or recyclers and the
estimated quantity of used CRTs to be sent to each facility, as well as
the names of any alternate recyclers.
* * * * *
    (v) * * *
    (B) The exporter or a U.S. authorized agent must: * * *
* * * * *
    (xi) Annual reports must be submitted to EPA using the allowable
methods specified in paragraph (a)(5)(ii) of this section. Exporters
must keep copies of each annual report for a period of at least three
years from the due date of the report. Exporters may satisfy this
recordkeeping requirement by retaining electronically submitted annual
reports in the CRT exporter's account on EPA's Waste Import Export
Tracking System (WIETS), or its successor system, provided that a copy
is readily available for viewing and production if requested by any EPA
or authorized state inspector. No CRT exporter may be held liable for
the inability to produce an annual report for inspection under this
section if the CRT exporter can demonstrate that the inability to
produce the annual report is due exclusively to technical difficulty
with EPA's Waste Import Export Tracking System (WIETS), or its
successor system for which the CRT exporter bears no responsibility.
* * * * *

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

0
7. The authority citation for part 262 continues to read as follows:

    Authority:  42 U.S.C. 6906, 6912, 6912, 6922-6925, 6937, 6938
and 6939g.

Sec.  262.20  [Amended]

0
8. Section 262.20 is amended by removing and reserving paragraph
(a)(2).
0
9. Section 262.21 is amended by revising paragraphs (f)(5), (6), and
(7) to read as follows:

Sec.  262.21  Manifest tracking numbers, manifest printing, and
obtaining manifests.

* * * * *
    (f) * * *
    (5) The manifest and continuation sheet must be printed as four-
copy forms. Copy-to-copy registration must be exact within 1/32nd of an
inch. Handwritten and typed impressions on the form must be legible on
all four copies. Copies must be bound together by one or more common
stubs that reasonably ensure that they will not become detached
inadvertently during normal use.
    (6) Each copy of the manifest and continuation sheet must indicate
how the copy must be distributed, as follows:
    (i) Page 1 (top copy): ``Designated facility to EPA's e-Manifest
system'';
    (ii) Page 2: ``Designated facility copy'';
    (iii) Page 3: ``Transporter copy''; and
    (iv) Page 4 (bottom copy): ``Generator's initial copy.''
    (7) The instructions for the manifest form (EPA Form 8700-22) and
the manifest continuation sheet (EPA Form 8700-22A) shall be printed in
accordance with the content that is currently approved under OMB
Control Number 2050-0039 and published to the e-Manifest program's
website. The instructions must appear legibly on the back of the copies
of the manifest and continuation sheet as provided in this paragraph
(f). The instructions must not be visible through the front of the
copies when photocopied or faxed.
    (i) Manifest Form 8700-22.
    (A) The ``Instructions for Generators'' on Copy 4;
    (B) The ``Instructions for Transporters'' on Copy 3; and
    (C) The ``Instructions for Treatment, Storage, and Disposal
Facilities'' on Copy 2.
    (ii) Manifest Form 8700-22A.
    (A) The ``Instructions for Generators'' on Copy 4;
    (B) The ``Instructions for International Shipment Block'' and
``Instructions for Transporters'' on Copy 3; and
    (C) The ``Instructions for Treatment, Storage, and Disposal
Facilities'' on Copy 2.
* * * * *
0
10. Section 262.42 is amended revising paragraphs (a), (b), and (c)(2),
and adding paragraphs (d) and (e) to read as follows:

Sec.  262.42  Exception reporting.

    (a)(1) A generator of 1,000 kilograms or greater of hazardous waste
in a calendar month, or greater than 1 kg of acute hazardous waste
listed in Sec.  261.31 or 261.33(e) in a calendar month, who does not
receive a copy of the manifest with the signature of the owner or
operator of the designated facility within 40 days of the date the
waste was accepted by the initial transporter must contact the
transporter and/or the owner or operator of the designated facility to
determine the status of the hazardous waste.
    (2) A generator of 1,000 kilograms or greater of hazardous waste in
a calendar month, or greater than 1 kg of acute hazardous waste listed
in Sec.  261.31or Sec.  261.33(e) in a calendar month, must submit an
Exception Report to the EPA Regional Administrator for the Region in
which the generator is located if the generator has not received a copy
of the manifest with the signature of the owner or operator of the
designated facility within 50 days of the date the waste was accepted
by the initial transporter. The Exception Report must include:
    (i) A legible copy of the manifest for which the generator does not
have confirmation of delivery;
    (ii) A cover letter signed by the generator or his authorized
representative explaining the efforts taken to locate the hazardous
waste and the results of those efforts.
    (b) A generator of greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month who does not receive a
copy of the manifest with the signature of the owner or operator of the
designated facility within 60 days of the date the waste was accepted
by the initial transporter must submit a legible copy of the manifest,
with some indication that the generator has not received confirmation
of delivery, to the EPA Regional Administrator for the Region in which
the generator is located.
* * * * *
    (c) * * *
    (2) The 40/50/60-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.
    (d) Legal equivalence to paper Exception Reports. Electronic
Exception Reports that are prepared in accordance with Sec.
262.42(a)(2) for large quantity generators or Sec.  262.42(b) for small
quantity generators and used in accordance with this section in lieu of
paper Exception Reports are the legal equivalent of paper Exception
Reports bearing handwritten signatures, and satisfy for all purposes
any requirement in these regulations to complete, sign, provide, and
retain an exception report.
    (1) Any requirement in these regulations to sign an Exception
Report certification by hand is satisfied by signing with a valid and
enforceable electronic signature within the meaning of Sec.  262.25.
    (2) Any requirement in these regulations to give, provide or send
an

Exception Report to the EPA Regional Administrator is satisfied when an
electronic Exception Report is distributed to the EPA Regional
Administrator by submission to the e-Manifest system.
    (3) Any requirement in these regulations for a generator to keep or
retain a copy of an Exception Report is satisfied by retention of a
signed electronic Exception Report in the generator's account on the
national e-Manifest system, provided that the Exception Report is
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 Exception Report for inspection under this section if the
generator can demonstrate that the inability to produce the electronic
Exception Report is due exclusively to a technical difficulty with the
e-Manifest system for which the generator bears no responsibility.
    (e) Restriction on use of electronic exception reporting. A
generator may participate in electronic exception reporting if:
    (1) The manifest at issue is an electronic manifest or a hybrid
manifest (mixed paper and electronic manifest) in accordance with
Sec. Sec.  262.24(c) and 262.25 of this part; and
    (2) For mixed paper and electronic manifests (i.e., hybrid
manifests), the generator has registered with EPA and has access to the
electronic manifests for the site.
0
11. Section 262.83 is amended by:
0
a. Revising paragraphs (a)(6), (b)(1)(i) through (iv), (b)(3), (c),
(d)(2)(i) through (v), (viii), (ix), and (xv);
0
b. Adding paragraph (d)(2)(xvi),
0
c. Revising paragraphs (f)(4), (5), (6)(ii), (g), (i)(1)(v) and
0
d. Adding paragraph (i)(1)(vi).
    The revisions and additions read as follows:

Sec.  262.83  Exports of hazardous waste.

    (a) * * *
    (6) The exporter or a U.S. authorized agent submits Electronic
Export Information (EEI) for each shipment to the Automated Export
System (AES) or its successor system, under the International Trade
Data System (ITDS) platform, in accordance with 15 CFR 30.4(b), and
includes the following items in the EEI, along with the other
information required under 15 CFR 30.6:
* * * * *
    (b) * * *
    (1) * * *
    (i) Exporter name and EPA identification number, site address,
telephone, fax numbers, and email address;
    (ii) Foreign receiving facility name, site address, telephone, fax
numbers, email address, technologies employed, and the applicable
recovery or disposal operations as defined in Sec.  262.81;
    (iii) Foreign importer name (if not the owner or operator of the
foreign receiving facility), site address, telephone, fax numbers, and
email address;
    (iv) Intended transporter(s) and/or their agent(s); site address,
telephone, fax, and email address;
* * * * *
    (3) Notifications listing interim recycling operations or interim
disposal operations. If the foreign receiving facility listed in
paragraph (b)(1)(ii) of this section will engage in any of the interim
recovery operations R12 or R13 or interim disposal operations D13
through D15, or in the case of transboundary movements with Canada, any
of the interim recovery operations R12, R13, or RC3, or interim
disposal operations D13 to D14, or D15, the notification submitted
according to paragraph (b)(1) of this section must also include the
final foreign recovery or disposal facility name, site address,
telephone, fax numbers, email address, technologies employed, and which
of the applicable recovery or disposal operations R1 through R11 and D1
through D12, or in the case of transboundary movements with Canada,
which of the applicable recovery or disposal operations R1 through R11,
RC1 to RC2, D1 through D12, and DC1 to DC2 will be employed at the
final foreign recovery or disposal facility. The recovery and disposal
operations in this paragraph are defined in Sec.  262.81.
* * * * *
    (c) RCRA manifest instructions for export shipments. The exporter
must comply with the manifest requirements of Sec. Sec.  262.20 through
262.25 except that:
    (1) In lieu of the name, site address and EPA ID number of the
designated permitted facility, the exporter must enter the name and
site address of the foreign receiving facility;
    (2) In the International Shipments block on the Continuation Sheet
(EPA Form 8700-22A), the exporter must:
    (i) Check the export box;
    (ii) enter the exporter's EPA ID number and email address;
    (iii) enter the U.S. port of exit (city and state) from the United
States; and
    (iv) list the waste stream consent number from the AOC for each
hazardous waste listed on the manifest, matched to the relevant list
number for the hazardous waste from block 9b. If additional space is
needed, the exporter should use an additional Continuation Sheet(s)
(EPA Form 8700-22A).
    (3) The exporter may obtain the manifest from any source so long as
the source of the printed form has received approval from EPA to print
the manifest in accordance with Sec.  262.21(g)(1) of this part.
    (4) Within 30 days of receiving an export manifest from the final
domestic transporter to carry the export shipment to or across the U.S.
port of exit, the exporter must submit the top copy (Page 1) of the
signed and dated manifest (both and electronic and paper) and all
continuation sheets (both electronic and paper) to the e-Manifest
system. The exporter must submit the paper manifest and all paper
continuation sheets to the e-Manifest system for purposes of data entry
and processing by transmitting to the EPA system an image file of Page
1 of the manifest and all continuation sheets, or by transmitting to
the e-Manifest system both a data file and the image file corresponding
to Page 1 of the manifest and all continuation sheets.
    (5) Imposition of user fee for manifest submission. (i) As
prescribed in Sec.  265.1311, and determined in Sec.  265.1312, an
exporter 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 Sec.
265.1313.
    (ii) An exporter subject to user fees under this section shall make
user fee payments in accordance with the requirements of Sec.
265.1314, subject to the informal fee dispute resolution process of
Sec.  265.1316, and subject to the sanctions for delinquent payments
under Sec.  265.1315.
    (6) Electronic manifest signatures. Electronic manifest signatures
shall meet the criteria described in Sec.  262.25 of this chapter.
    (7) Special procedures applicable to replacement manifests. Within
30 days of receiving a paper replacement manifest from the last
transporter carrying the shipment to or across the U.S. border for a
manifest that was originated electronically, the exporter must send a
signed and dated copy of the paper replacement manifest to the e-
Manifest system,
    (8) Post-receipt manifest data corrections. After foreign
facilities have certified to the receipt of hazardous wastes by sending
a copy of the movement document to the exporter per paragraph
(d)(2)(xvii) of this section, any post-receipt data corrections may be
submitted at any time by any interested

person (e.g., domestic waste handler) shown on the manifest.
    (i) 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 system for such
corrections, or by an upload of a data file containing data corrections
relating to one or more previously submitted manifests.
    (ii) Each correction submission must include the following
information:
    (A) The Manifest Tracking Number and date of receipt by the
facility of the original manifest(s) for which data are being
corrected;
    (B) The Item Number(s) of the original manifest that is the subject
of the submitted correction(s); and
    (C) For each Item Number with corrected data, the data previously
entered, and the corresponding data as corrected by the correction
submission.
    (iii) Each correction submission shall include a statement that the
person submitting the corrections certifies that to the best of his or
her knowledge or belief, the corrections that are included in the
submission will cause the information reported about the previously
received hazardous wastes to be true, accurate, and complete.
    (A) The certification statement must be executed with a valid
electronic signature under CROMERR section 3.10; and
    (B) A batch upload of data corrections may be submitted under one
certification statement.
    (iv) 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.
    (v) 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 e-Manifest system, certified by
the respondent as specified in paragraph (c)(7)(iii) of this section,
and with notice of the corrections to other interested persons shown on
the manifest.
    (d) * * *
    (2) * * *
    (i) The corresponding consent number(s) and hazardous waste
number(s) for the listed hazardous waste from the relevant EPA AOC(s)
and if required to be accompanied by a RCRA Uniform Hazardous Waste
Manifest within the United States, the manifest tracking number from
block 4;
    (ii) The shipment number and the total number of shipments from the
EPA AOC or the movement tracking number;
    (iii) Exporter name and EPA identification number, site address,
telephone, fax numbers, and email address;
    (iv) Foreign receiving facility name, site address, telephone, fax
numbers, email address, technologies employed, and the applicable
recovery or disposal operations as defined in Sec.  262.81;
    (v) Foreign importer name (if not the owner or operator of the
foreign receiving facility), site address, telephone, fax numbers, and
email address;
* * * * *
    (viii) Name (if not exporter), site address, telephone, fax
numbers, and email of company originating the shipment;
    (ix) Company name, EPA ID number, site address, telephone, fax, and
email address of all transporters;
* * * * *
    (xv) As part of the contract requirements per paragraph (f) of this
section, the exporter must require that the foreign receiving facility
send a copy of the signed movement document to confirm receipt within
three working days of shipment delivery to the exporter, and to the
competent authorities of the countries of import and transit that
control the shipment as an import and transit of hazardous waste
respectively. For shipments occurring on or after the electronic
import-export reporting compliance date, the exporter must
    (A) Initiate the movement document using the allowable methods
listed in paragraph (b)(1) of this section; and
    (B) Close out the movement document within three working days of
receiving a copy of the signed movement document sent from the foreign
receiving facility to confirm receipt using the allowable methods
listed in paragraph (b)(1) of this section;
    (xvi) As part of the contract requirements per paragraph (f) of
this section, the exporter must require that the foreign receiving
facility send a copy of the confirmation of recovery or disposal, as
soon as possible, but no later than thirty days after completing
recovery or disposal on the waste in the shipment and no later than one
calendar year following receipt of the waste, to the exporter and to
the competent authority of the country of import. If the movement
includes shipment to a foreign interim receiving facility, the exporter
must additionally require that the interim receiving facility promptly
send copies of the confirmation of recovery or disposal that it
receives from the final recovery or disposal facility within one year
of shipment delivery to the final recovery or disposal facility that
performed one of recovery operations R1 through R11, or RC1, or one of
disposal operations D1 through D12, DC1 or DC2 as defined in Sec.
262.81 to the competent authority of the country of import and to the
exporter. For shipments occurring on or after the electronic import-
export reporting compliance date, the exporter must submit each
confirmation of recovery or disposal to EPA within three working days
of receiving the confirmation of recovery or disposal from the foreign
receiving facility using the allowable methods listed in paragraph
(b)(1) of this section; and
    (xvii) for shipments sent to a country with which EPA has
established an electronic exchange of movement document tracking data,
foreign receiving facility transmittal to the exporter of the
confirmation of receipt and the confirmation of recovery or disposal
may be sent via the electronic exchange.
* * * * *
    (f) * * *
    (3) * * *
    (iii) Transmittals made by the transporter or foreign receiving
facility under paragraph (i) of this section being sent to the exporter
or EPA from a country with which EPA has established an electronic
exchange of movement document tracking data may be sent via the
electronic exchange.
* * * * *
    (4) Contracts must specify that the foreign receiving facility send
a copy of the signed movement document to confirm receipt within three
working days of shipment delivery to the exporter and to the competent
authorities of the countries of import and transit that control the
shipment as an import and transit of hazardous waste respectively. For
shipments sent to a country with which EPA has established an
electronic exchange of movement document tracking data, foreign
receiving facility transmittal to the exporter of the confirmation of
receipt may be sent via the electronic exchange.
    (5) Contracts must specify that the foreign receiving facility
shall send a copy of the signed and dated confirmation of recovery or
disposal, as soon as possible, but no later than thirty days after
completing recovery or disposal on the waste in the shipment and no
later than one calendar year following receipt of the waste, to the
exporter and to the competent authority of the country of import that
controls the shipment as an import of hazardous waste. For shipments
sent to a country

with which EPA has established an electronic exchange of movement
document tracking data, foreign receiving facility transmittal to the
exporter of the confirmation of recovery or disposal may be sent via
the electronic exchange.
    (6) * * *
    (ii) Promptly send copies of the confirmation of recovery or
disposal that it receives from the final foreign recovery or disposal
facility within one year of shipment delivery to the final foreign
recovery or disposal facility that performed one of recovery operations
R1 through R11, or RC1, or one of disposal operations D1 through D12,
DC1 or DC2 to the competent authority of the country of import that
controls the shipment as an import of hazardous waste and to the
exporter. For shipments sent to a country with which EPA has
established an electronic exchange of movement document tracking data,
foreign receiving facility transmittal to the exporter of the
confirmation of recovery or disposal may be sent via the electronic
exchange.
* * * * *
    (g) Annual reports. The exporter shall file an annual report with
EPA no later than March 1 of each year summarizing the types,
quantities, frequency, and ultimate destination of all such hazardous
waste exported during the previous calendar year. The exporter must
submit annual reports to EPA using the allowable methods specified in
paragraph (b)(1) of this section. The annual report must include all of
the following paragraphs (g)(1) through (6) of this section specified
as follows:
* * * * *
    (i) * * *
    (1) The exporter shall keep the following records in paragraphs
(i)(1)(i) through (vi) of this section and provide them to EPA or
authorized state personnel upon request:
* * * * *
    (v) A copy of each contract or equivalent arrangement established
per paragraph (f) of this section for at least three (3) years from the
expiration date of the contract or equivalent arrangement.
    (vi) A copy of each manifest sent by the last transporter in the
United States per Sec.  263.20(g).
* * * * *
0
12. Amend Sec.  262.84 by:
0
a. Revising paragraphs (b)(1)(i) through (iv), (b)(2), (c)(1)(i) and
(c)(3);
0
b. Removing paragraph (c)(4);
0
c. Redesignating paragraph (c)(5) as new paragraph (c)(4);
0
d. Revising paragraphs (d)(2)(i), (ii) through (v), (viii) through
(ix), (xv),
0
e. Adding paragraph (f)(4)(iii), and
0
f. Revising paragraphs (g)(1), and (2).
    The revisions and additions to read as follows:

Sec.  262.84   Imports of hazardous waste.

* * * * *
    (b) * * *
    (1) * * *
    (i) Foreign exporter name, site address, telephone, fax numbers,
and email address;
    (ii) Receiving facility name, EPA ID number, site address,
telephone, fax numbers, email address, technologies employed, and the
applicable recovery or disposal operations as defined in Sec.  262.81;
    (iii) Importer name (if not the owner or operator of the receiving
facility), EPA ID number, site address, telephone, fax numbers, and
email address;
    (iv) Intended transporter(s) and/or their agent(s); site address,
telephone, fax, and email address;
* * * * *
    (2) Notifications listing interim recycling operations or interim
disposal operations. If the receiving facility listed in paragraph
(b)(1)(ii) of this section will engage in any of the interim recovery
operations R12, R13 or RC3 or interim disposal operations D13 through
D15, the notification submitted according to paragraph (b)(1) of this
section must also include the final recovery or disposal facility name,
site address, telephone, fax numbers, email address, technologies
employed, and which of the applicable recovery or disposal operations
R1 through R11, RC1, and D1 through D12, will be employed at the final
recovery or disposal facility. The recovery and disposal operations in
this paragraph are defined in Sec.  262.81.
* * * * *
    (c) * * *
    (1) * * *
    (i) In place of the generator's name, mailing and site addresses
and EPA identification number, the name and site address of the foreign
generator and the importer's name, mailing address and EPA
identification number must be used.
* * * * *
    (3) In the International Shipments block on the Continuation Sheet
(EPA Form 8700-22A), the importer must check the import box and enter
the port of entry (city and State) into the United States.
    (4) In lieu of the requirements of Sec.  262.20(d), where a
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.
* * * * *
    (d) * * *
    (2) * * *
    (i) The corresponding AOC number(s) and waste number(s) for the
listed waste and if required to be accompanied by a RCRA uniform
hazardous waste manifest within the United States, the manifest
tracking number from block 4;(ii) The shipment number and the total
number of shipments under the AOC number or the movement tracking
number;
    (iii) Foreign exporter name, site address, telephone, fax numbers,
and email address;
    (iv) Receiving facility name, EPA ID number, site address,
telephone, fax numbers, email address, technologies employed, and the
applicable recovery or disposal operations as defined in Sec.  262.81;
    (v) Importer name (if not the owner or operator of the receiving
facility), EPA ID number, site address, telephone, fax numbers, and
email address;
* * * * *
    (viii) Name (if not the foreign exporter), site address, telephone,
fax numbers, and email of the foreign company originating the shipment;
    (ix) Company name, EPA ID number, site address, telephone, fax, and
email address of all transporters;
* * * * *
    (ix) Company name, EPA ID number (for transporters carrying RCRA
manifested hazardous waste within the U.S. only), address, telephone,
fax, and email address of all transporters;
* * * * *
    (xv) The receiving facility must send a copy of the signed movement
document to confirm receipt within three working days of shipment
delivery to the foreign exporter and to the competent authorities of
the countries of export and transit that control the shipment as an
export and transit of hazardous waste respectively. For shipments
received on or after the electronic import-export reporting compliance
date, the receiving facility must close out the movement document to
confirm receipt within three working days of shipment delivery using
EPA's Waste Import Export Tracking System (WIETS), or its successor
system. For shipments sent from a country with which EPA has
established an electronic exchange of movement document tracking data,
the receiving facility may use WIETS or its successor system to

send movement document confirmation data back through the electronic
exchange to the foreign exporter and the country of export.
    (f) * * *
    (4) * * *
    (iii) Transmittals made by the transporter or receiving facility
under paragraph (i) of this section being sent to a competent authority
or foreign exporter in a country with which EPA has established an
electronic exchange of movement document tracking data may be sent via
the electronic exchange.
* * * * *
    (g) Confirmation of recovery or disposal. The receiving facility
must do the following:
    (1) Send copies of the signed and dated confirmation of recovery or
disposal, as soon as possible, but no later than thirty days after
completing recovery or disposal on the waste in the shipment and no
later than one calendar year following receipt of the waste, to the
foreign exporter, to the competent authority of the country of export
that controls the shipment as an export of hazardous waste, and for
shipments recycled or disposed of on or after the electronic import-
export reporting compliance date, to EPA electronically using EPA's
WIETS, or its successor system. For shipments sent from a country with
which EPA has established an electronic exchange of movement document
tracking data, the receiving facility may use WIETS or its successor
system to send confirmation of recovery or disposal data back through
the electronic exchange to the foreign exporter and the country of
export.
    (2) If the receiving facility performed any of recovery operations
R12, R13, or RC3, or disposal operations D13 through D15, the receiving
facility shall promptly send copies of the confirmation of recovery or
disposal that it receives from the final recovery or disposal facility
within one year of shipment delivery to the final recovery or disposal
facility that performed one of recovery operations R1 through R11, or
RC1 to RC2, or one of disposal operations D1 through D12, or DC1 to
DC2, to the competent authority of the country of export that controls
the shipment as an export of hazardous waste, and for confirmations
received on or after the electronic import-export reporting compliance
date, to EPA electronically using EPA's WIETS, or its successor system.
The recovery and disposal operations in this paragraph are defined in
Sec.  262.81. For shipments sent from a country with which EPA has
established an electronic exchange of movement document tracking data,
the receiving facility may use WIETS or its successor system to send
confirmation of recovery or disposal data back through the electronic
exchange to the country of export.
* * * * *

PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

0
13. The authority citation for part 263 continues to read as follows:

    Authority: 42 U.S.C. 6906, 6912, 6922--6925, 6937, 6938, and
6939g.

0
14. Section 263.20 is amended by revising paragraphs (a)(2), (c),
(g)(1), (3), and removing paragraph (g)(4) toread as follows.

Sec.  263.20   The manifest system.

    (a) * * *
    (2) Exports. For exports of hazardous waste subject to the
requirements of subpart H of 40 CFR part 262, a transporter may not
accept hazardous waste without a manifest signed by the generator in
accordance with this section, as appropriate, and a movement document
that includes all information required by 40 CFR 262.83(d).
* * * * *
    (c) The transporter must ensure that the manifest accompanies the
hazardous waste. For exports, the transporter must ensure that a
movement document that includes all information required by 40 CFR
262.83(d) also accompanies the hazardous waste. For imports, the
transporter must ensure that a movement document that includes all
information required by 40 CFR 262.84(d) also accompanies the hazardous
waste.
* * * * *
    (g) * * *
    (1) Date the manifest in the International Shipments block on the
Continuation Sheet(s) to indicate the date that the shipment left the
United States or has been delivered to a seaport of exit for loading
onto an international carrier;
* * * * *
    (3) Return signed, top copies of the manifest and continuation
sheet to the exporter.
* * * * *

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
15. The authority citation for part 264 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6939g.

0
16. Section 264.12 is amended by revising paragraphs (a)(2), (a)(4)(i)
and (ii) to read as follows:

Sec.  264.12   Required notices.

    (a) * * *
    (2) As per 40 CFR 262.84(d)(2)(xv), a copy of the movement document
bearing all required signatures within three (3) working days of
receipt of the shipment to the foreign exporter and to the competent
authorities of the countries of export and transit that control the
shipment as an export and transit shipment of hazardous waste
respectively. For shipments received on or after the electronic import-
export reporting compliance date, the receiving facility must close out
the movement document to confirm receipt within three working days of
shipment delivery using EPA's Waste Import Export Tracking System
(WIETS), or its successor system. For shipments sent from a country
with which EPA has established an electronic exchange of movement
document tracking data, the receiving facility may use WIETS or its
successor system to send movement document confirmation data back
through the electronic exchange to the foreign exporter and the country
of export. The original of the signed movement document must be
maintained at the facility for at least three (3) years. The owner or
operator of a facility may satisfy this recordkeeping requirement by
retaining electronically submitted documents in the facility's account
on WIETS, or its successor system, provided that copies are readily
available for viewing and production if requested by any EPA or
authorized state inspector. No owner or operator of a facility may be
held liable for the inability to produce the documents for inspection
under this section if the owner or operator of a facility can
demonstrate that the inability to produce the document is due
exclusively to technical difficulty with WIETS, or its successor system
for which the owner or operator of a facility bears no responsibility.
* * * * *
    (4) * * *
    (i) Send copies of the signed and dated confirmation of recovery or
disposal, as soon as possible, but no later than thirty days after
completing recovery or disposal on the waste in the shipment and no
later than one calendar year following receipt of the waste, to the
foreign exporter, to the competent authority of the country of export
that controls the shipment as an export of hazardous waste, and for
shipments recycled or disposed of on or after the electronic import-
export reporting

compliance date, to EPA electronically using WIETS, or its successor
system. For shipments sent from a country with which EPA has
established an electronic exchange of movement document tracking data,
the receiving facility may use WIETS or its successor system to send
confirmation of recovery or disposal data back through the electronic
exchange to the foreign exporter and the country of export.
    (ii) If the facility performed any of recovery operations R12, R13,
or RC3, or disposal operations D13 through D15, promptly send copies of
the confirmation of recovery or disposal that it receives from the
final recovery or disposal facility within one year of shipment
delivery to the final recovery or disposal facility that performed one
of recovery operations R1 through R11, or RC1, or one of disposal
operations D1 through D12, or DC1 to DC2, to the competent authority of
the country of export that controls the shipment as an export of
hazardous waste, and on or after the electronic import-export reporting
compliance date, to EPA electronically using WIETS, or its successor
system. The recovery and disposal operations in this paragraph are
defined in 40 CFR 262.81. For shipments sent from a country with which
EPA has established an electronic exchange of movement document
tracking data, the receiving facility may use WIETS or its successor
system to send confirmation of recovery or disposal data back through
the electronic exchange to the country of export.
* * * * *
0
17. Section 264.71 is amended by revising paragraphs (a)(2)(iv), and
(v), (a)(3)(i) and (ii), (b)(4) and (d) to read as follows:

Sec.  264.71   Use of manifest system.

    (a) * * *
    (2) * * *
    (iv) Within 30 days of delivery, send a copy (Page 1) of the signed
and dated manifest to the e-Manifest system;
    (v) Paper manifest submission requirements are:
    (A) [Reserved]
    (B) Options for compliance on June 30, 2021. Beginning on June 30,
2021, the requirement to submit the top copy (Page 1) of the paper
manifest and any paper continuation sheet to the e-Manifest system for
purposes of data entry and processing may be met by the owner or
operator only by transmitting to the e-Manifest system an image file of
Page 1 of the manifest and any continuation sheet, or by transmitting
to the e-Manifest 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; and
* * * * *
    (3) * * *
    (i) Additionally, list the relevant waste stream consent number
from consent documentation supplied by EPA to the facility for each
waste listed on the manifest in the International Shipments block on
the Continuation Sheet (EPA Form 8700-22A), matched to the relevant
list number for the waste from block 9b. If additional space is needed,
the owner or operator should use an additional Continuation Sheet(s)
(EPA Form 8700-22A); and
    (ii) Send a copy of the manifest within thirty (30) days of
delivery to the e-Manifest system per paragraph (a)(2)(v) of this
section.
    (b) * * *
    (4) Within 30 days of delivery, send a copy (Page 1) of the signed
and dated manifest to the e-Manifest system; and
* * * * *
    (d) As per 40 CFR 262.84(d)(2)(xv), within three (3) working days
of the receipt of a shipment subject to 40 CFR part 262, subpart H, the
owner or operator of a facility must provide a copy of the movement
document bearing all required signatures to the foreign exporter and to
the competent authorities of the countries of export and transit that
control the shipment as an export and transit of hazardous waste
respectively. For shipments received on or after the electronic import-
export reporting compliance date, the receiving facility must close out
the movement document to confirm receipt within three working days of
shipment delivery using EPA's Waste Import Export Tracking System
(WIETS), or its successor system. For shipments sent from a country
with which EPA has established an electronic exchange of movement
document tracking data, the receiving facility may use WIETS or its
successor system to send movement document confirmation data back
through the electronic exchange to the foreign exporter and the country
of export. The original copy of the movement document must be
maintained at the facility for at least three (3) years from the date
of signature. The owner or operator of a facility may satisfy this
recordkeeping requirement by retaining electronically submitted
documents in the facility's account on WIETS, or its successor system,
provided that copies are readily available for viewing and production
if requested by any EPA or authorized state inspector. No owner or
operator of a facility may be held liable for the inability to produce
the documents for inspection under this section if the owner or
operator of a facility can demonstrate that the inability to produce
the document is due exclusively to technical difficulty with WIETS, or
its successor system, for which the owner or operator of a facility
bears no responsibility.
* * * * *
0
18. Section 264.72 is amended by revising paragraph (c) to read as
follows:

Sec.  264.72   Manifest discrepancies.

* * * * *
    (c) Upon discovering a significant difference in quantity or type,
the owner or operator must attempt to reconcile the discrepancy with
the waste generator or transporter (e.g., with telephone
conversations). If the discrepancy is not resolved within 20 days after
receiving the waste, the owner or operator must immediately submit to
the EPA Regional Administrator a letter describing the discrepancy and
attempts to reconcile it, and a copy of the manifest or shipping paper
at issue.
    (1) Legal equivalence to paper Discrepancy Reports. Electronic
Discrepancy Reports that are completed, transmitted, and used in
accordance with this section in lieu of the paper Discrepancy Report
are the legal equivalent of paper Discrepancy Reports and satisfy for
all purposes any requirement in these regulations to complete, provide,
use, or retain a Discrepancy Report.
    (2) Any requirement in these regulations to give, provide, or
submit a copy of the Discrepancy Report to the EPA Regional
Administrator is satisfied when an electronic Discrepancy Report is
distributed to the EPA Regional Administrator by submission to the e-
Manifest system.
    (3) Any requirement in these regulations for an owner or operator
to keep or retain a copy of a Discrepancy Report is satisfied by the
retention of the facility's electronic Discrepancy Report 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.
    (4) No owner or operator may be held liable for the inability to
produce an electronic Discrepancy Report for inspection under this
section if the owner or operator can demonstrate that the inability to
produce the electronic Discrepancy Report is due exclusively to a
technical difficulty with the e-Manifest system for which the owner or
operator bears no responsibility.
* * * * *

0
19. Section 264.76 is revised to read as follows:

Sec.  264.76   Unmanifested waste report.

    (a) If a facility accepts for treatment, storage, or disposal any
hazardous waste from an off-site source without an accompanying
manifest, or without an accompanying shipping paper as described by
Sec.  263.20(e) of this chapter, and if the waste is not excluded from
the manifest requirement by this chapter, then the owner or operator
must prepare an electronic Unmanifested Waste Report in the e-Manifest
system for submission to the EPA within 15 days after receiving the
waste. The Unmanifested Waste Report must contain the following
information:
    (1) The EPA identification number, name and address of the
facility;
    (2) The date the facility received the waste;
    (3) The EPA identification number, name and address of the
generator and the terminal [or final] transporter, if available;
    (4) A description and the quantity of each unmanifested hazardous
waste the facility received;
    (5) The method of treatment, storage, or disposal for each
hazardous waste;
    (6) The certification signed by the owner or operator of the
facility or his authorized representative; and,
    (7) A brief explanation of why the waste was unmanifested, if
known.
    (b) Per Unmanifested Waste Report fee. Fees shall be assessed on a
per Unmanifested Waste Report basis for the submission of each
electronic Unmanifested Waste Report 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.
0
20. Section 264.1310 is amended by revising the definition of ``Paper
manifest submissions'' to read as follows:

Sec.  264.1310   Definitions applicable to the subpart.

* * * * *
    Paper manifest submissions mean submissions to the paper processing
center of the e-Manifest system by facility owners or operators, of the
data from the designated facility copy of a paper manifest, EPA Form
8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such
submissions may be made by submitting image files from paper manifests
or continuation sheets in accordance with Sec.  264.1311(b), or by
submitting both an image file and data file in accordance with the
procedures of Sec.  264.1311(c).
* * * * *
0
21. Section 264.1311 is amended by revising paragraph (a)(2), adding
paragraph (4), revising paragraph (b) introductory text, and (c)
introductory text to read as follows:

Sec.  264.1311   Manifest transactions subject to fees.

    (a) * * *
    (2) 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 the upload of an image file or by the upload
of a data file representation of the paper manifest; and
* * * * *
    (4) The submission of unmanifested waste reports per Sec.  264.76.
    (b) Image file uploads from paper manifests. Receiving facilities
may submit image file uploads of completed, ink-signed manifests 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:
* * * * *
    (c) Data file uploads from paper manifests. Receiving facilities
may submit data file representations of completed, ink-signed manifests
in lieu of submitting 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.
* * * * *
0
22. Section 264.1312 is amended by revising paragraphs (a) and (b)(1)
to read as follows:

Sec.  264.1312   User fee calculation methodology.

    (a) The fee calculation formula or methodology that EPA will use
initially to determine per manifest fees is as follows:
[GRAPHIC] [TIFF OMITTED] TP01AP22.006

    Where Feei represents the per manifest fee for each
manifest submission type ``i'' and Nt refers to the total
number of manifests completed in a year.
    (b)(1) If after four years of system operations, electronic
manifest usage does not equal or exceed 75% of total manifest usage,
EPA may transition to the following formula or methodology to determine
per manifest fees:

[GRAPHIC] [TIFF OMITTED] TP01AP22.007

    Where Ni refers to the total number of one of the four
manifest submission types ``i'' completed in a year and O&Mi
Cost refers to the differential O&M Cost for each manifest submission
type ``i.''
* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
23. The authority citation for part 265 is revised to read as follows:

    Authority:  42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, 6937, and 6939g.

0
24. Section 265.12 is amended by revising paragraphs (a)(2), (a)(4)(i)
and (ii), to read as follows:

Sec.  265.12   Required notices.

    (a) * * *
    (2) As per 40 CFR 262.84(d)(2)(xv), a copy of the movement document
bearing all required signatures within three (3) working days of
receipt of the shipment to the foreign exporter and to the competent
authorities of the countries of export and transit that control the
shipment as an export and transit shipment of hazardous waste
respectively. For shipments received on or after the electronic import-
export reporting compliance date, the receiving facility must close out
the movement document to confirm receipt within three working days of
shipment delivery using EPA's Waste Import Export Tracking System
(WIETS), or its successor system. For shipments sent from a country
with which EPA has established an electronic exchange of movement
document tracking data, the receiving facility may use WIETS or its
successor system to send movement document confirmation data back
through the electronic exchange to the foreign exporter and the country
of export. The original of the signed movement document must be
maintained at the facility for at least three (3) years. The owner or
operator of a facility may satisfy this recordkeeping requirement by
retaining electronically submitted documents in the facility's account
on WIETS, or its successor system, provided that copies are readily
available for viewing and production if requested by any EPA or
authorized state inspector. No owner or operator of a facility may be
held liable for the inability to produce the documents for inspection
under this section if the owner or operator of a facility can
demonstrate that the inability to produce the document is due
exclusively to technical difficulty with WIETS, or its successor
system, for which the owner or operator of a facility bears no
responsibility.
* * * * *
    (4) * * *
    (i) Send copies of the signed and dated confirmation of recovery or
disposal, as soon as possible, but no later than thirty days after
completing recovery or disposal on the waste in the shipment and no
later than one calendar year following receipt of the waste, to the
foreign exporter, to the competent authority of the country of export
that controls the shipment as an export of hazardous waste, and on or
after the electronic import-export reporting compliance date, to EPA
electronically using WIETS, or its successor system. For shipments sent
from a country with which EPA has established an electronic exchange of
movement document tracking data, the receiving facility may use WIETS
or its successor system to send confirmation of recovery or disposal
data back through the electronic exchange to the foreign exporter and
the country of export.
    (ii) If the facility performed any of recovery operations R12, R13,
or RC3, or disposal operations D13 through D15, promptly send copies of
the confirmation of recovery or disposal that it receives from the
final recovery or disposal facility within one year of shipment
delivery to the final recovery or disposal facility that performed one
of recovery operations R1 through R11, or RC1, or one of disposal
operations D1 through D12, or DC1 to DC2, to the competent authority of
the country of export that controls the shipment as an export of
hazardous waste, and on or after the electronic import-export reporting
compliance date, to EPA electronically using WIETS, or its successor
system. The recovery and disposal operations in this paragraph are
defined in 40 CFR 262.81. For shipments sent from a country with which
EPA has established an electronic exchange of movement document
tracking data, the receiving facility may use WIETS or its successor
system to send confirmation of recovery or disposal data back through
the electronic exchange to the country of export.
* * * * *
0
25. Amend Sec.  265.71 by:
0
a. Revising paragraphs (a)(2)(iv), (v);
0
b. Adding (a)(2)(vi); and
0
c. Revising paragraphs (a)(3)(i), (ii), (b)(4), and (d).
    The revisions and additions read as follows:

Sec.  265.71   Use of manifest system.

    (a) * * *
    (2) * * *
    (iv) Within 30 days of delivery, send a copy (Page 1) of the signed
and dated manifest to the e-Manifest system;
    (v) Paper manifest submission requirements are:

    (A) [Reserved]
    (B) Options for compliance on June 30, 2021. Beginning on June 30,
2021, the requirement to submit the top copy (Page 1) of the paper
manifest and any paper continuation sheet to the e-Manifest system for
purposes of data entry and processing may be met by the owner or
operator only by transmitting to the e-Manifest system an image file of
Page 1 of the manifest and any continuation sheet, or by transmitting
to the e-Manifest 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.; and
    (vi) Retain at the facility a copy of each manifest for at least
three years from the date of delivery.
    (3) * * *
    (i) Additionally, list the relevant waste stream consent number
from consent documentation supplied by EPA to the facility for each
waste listed on the manifest in the International Shipments block on
the Continuation Sheet (EPA Form 8700-22A), matched to the relevant
list number for the waste from block 9b. If additional space is needed,
the owner or operator should use an additional Continuation Sheet(s)
(EPA Form 8700-22A); and
    (ii) Send a copy of the manifest to the e-Manifest system per
paragraph (a)(2)(v) of this section.
    (b) * * *
    (4) Within 30 days of delivery, send a copy (Page 1) of the signed
and dated manifest to the e-Manifest system.
* * * * *
    (d) As per 40 CFR 262.84(d)(2)(xv), within three (3) working days
of the receipt of a shipment subject to 40 CFR part 262, subpart H, the
owner or operator of a facility must provide a copy of the movement
document bearing all required signatures to the foreign exporter and to
the competent authorities of the countries of export and transit that
control the shipment as an export and transit shipment of hazardous
waste respectively. For shipments received on or after the electronic
import-export reporting compliance date, the receiving facility must
close out the movement document to confirm receipt within three working
days of shipment delivery using WIETS, or its successor system. For
shipments sent from a country with which EPA has established an
electronic exchange of movement document tracking data, the receiving
facility may use WIETS or its successor system to send movement
document confirmation data back through the electronic exchange to the
foreign exporter and the country of export. The original copy of the
movement document must be maintained at the facility for at least three
(3) years from the date of signature. The owner or operator of a
facility may satisfy this recordkeeping requirement by retaining
electronically submitted documents in the facility's account on WIETS,
or its successor system, provided that copies are readily available for
viewing and production if requested by any EPA or authorized state
inspector. No owner or operator of a facility may be held liable for
the inability to produce the documents for inspection under this
section if the owner or operator of a facility can demonstrate that the
inability to produce the document is due exclusively to technical
difficulty with EPA's Waste Import Export Tracking System (WIETS), or
its successor system, for which the owner or operator of a facility
bears no responsibility.
* * * * *
0
26. Section 265.72 is amended by revising paragraph (c) to read as
follows:

Sec.  265.72  Manifest discrepancies.

* * * * *
    (c) Upon discovering a significant difference in quantity or type,
the owner or operator must attempt to reconcile the discrepancy with
the waste generator or transporter (e.g., with telephone
conversations). If the discrepancy is not resolved within 20 days after
receiving the waste, the owner or operator must immediately submit to
the EPA Regional Administrator a letter describing the discrepancy and
attempts to reconcile it, and a copy of the manifest or shipping paper
at issue.
    (1) Legal equivalence to paper Discrepancy Reports. Electronic
Discrepancy Reports that are completed, transmitted, and used in
accordance with this section in lieu of the paper Discrepancy Report
are the legal equivalent of paper Discrepancy Reports and satisfy for
all purposes any requirement in these regulations to complete, provide,
use, or retain a Discrepancy Report.
    (2) Any requirement in these regulations to give, provide, or
submit a copy of the Discrepancy Report to the EPA Regional
Administrator is satisfied when an electronic Discrepancy Report is
distributed to the EPA Regional Administrator by submission to the e-
Manifest system.
    (3) Any requirement in these regulations for an owner or operator
to keep or retain a copy of a Discrepancy Report is satisfied by the
retention of the facility's electronic Discrepancy Report 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.
    (4) No owner or operator may be held liable for the inability to
produce an electronic Discrepancy Report for inspection under this
section if the owner or operator can demonstrate that the inability to
produce the electronic discrepancy re is due exclusively to a technical
difficulty with the e-Manifest system for which the owner or operator
bears no responsibility.
* * * * *
0
27. Section 265.76 is revised to read as follows:

Sec.  265.76  Unmanifested waste report.

    (a) If a facility accepts for treatment, storage, or disposal any
hazardous waste from an off-site source without an accompanying
manifest, or without an accompanying shipping paper as described by
Sec.  263.20(e) of this chapter, and if the waste is not excluded from
the manifest requirement by this chapter, then the owner or operator
must prepare an electronic Unmanifested Waste Report in the e-Manifest
system for submission to the EPA within 15 days after receiving the
waste. The Unmanifested Waste Report must contain the following
information:
    (1) The EPA identification number, name and address of the
facility;
    (2) The date the facility received the waste;
    (3) The EPA identification number, name and address of the
generator and the terminal [or final] transporter, if available;
    (4) A description and the quantity of each unmanifested hazardous
waste the facility received;
    (5) The method of treatment, storage, or disposal for each
hazardous waste;
    (6) The certification signed by the owner or operator of the
facility or his authorized representative; and,
    (7) A brief explanation of why the waste was unmanifested, if
known.
    (b) Per Unmanifested Waste Report fee. Fees shall be assessed on a
per Unmanifested Waste Report basis for the submission of each
electronic Unmanifested Waste Report 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.
0
28. Section 265.1310 is amended by revising the definition of ``Paper
manifest submissions'' to read as follows:

Sec.  265.1310   Definitions applicable to the subpart.

* * * * *

    Paper manifest submissions mean submissions to the paper processing
center of the e-Manifest system by facility owners or operators, of the
data from the designated facility copy of a paper manifest, EPA Form
8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such
submissions may be made by submitting image files from paper manifests
or continuation sheets in accordance with Sec.  264.1311(b) of this
title, or by submitting both an image file and data file in accordance
with the procedures of Sec.  264.1311(c) of this title.
* * * * *
0
29. Section 265.1311 is amended by revising paragraph (a)(2), adding
paragraph (4), revising (b) introductory text, and (c) introductory
text to read as follows:

Sec.  265.1311   Manifest transactions subject to fees.

    (a) * * *
    (2) 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 the upload of an image file or by the upload
of a data file representation of the paper manifest; and
* * * * *
    (4) Unmanifested waste reports per Sec.  265.76.
    (b) Image file uploads from paper manifests. Receiving facilities
may submit image file uploads of completed, ink-signed manifests 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:
* * * * *
    (c) Data file uploads from paper manifests. Receiving facilities
may submit data file representations of completed, ink-signed manifests
in lieu of submitting 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.
* * * * *
0
30. Section 265.1312 is amended by revising paragraphs (a) and (b)(1)
to read as follows:

Sec.  265.1312   User fee calculation methodology.

    (a) The fee calculation formula or methodology that EPA will use
initially to determine per manifest fees is as follows:
[GRAPHIC] [TIFF OMITTED] TP01AP22.008

Where Feei represents the per manifest fee for each manifest
submission type ``i'' and Nt refers to the total number of
manifests completed in a year.
    (b)(1) If after four years of system operations, electronic
manifest usage does not equal or exceed 75% of total manifest usage,
EPA may transition to the following formula or methodology to determine
per manifest fees:
[GRAPHIC] [TIFF OMITTED] TP01AP22.009

Where Ni refers to the total number of one of the four
manifest submission types ``i'' completed in a year and O&Mi
Cost refers to the differential O&M Cost for each manifest submission
type ``i.''

PART 267--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
FACILITIES OPERATING UNDER A STANDARDIZED PERMIT

0
31. The authority citation for part 267 continues to read as follows:

    Authority:  42 U.S.C. 6902, 6912(a), 6924-6926, and 6930.

0
32. Section 267.71 is amended by revising paragraphs (a)(6)(i), (ii),
and (d) to read as follows:

Sec.  267.71   Use of the manifest system.

    (a) * * *
    (6) * * *
    (i) Additionally, list the relevant waste stream consent number
from consent documentation supplied by EPA to the facility for each
waste listed on the manifest in the International Shipments block on
the Continuation Sheet (EPA Form 8700-22A), matched to the relevant
list number for the waste from block 9b. If additional space is needed,
the receiving facility should use an additional Continuation Sheet(s)
(EPA Form 8700-22A); and
    (ii) submit a copy of the manifest to the e-Manifest system per 40
CFR 264.71(a)(2)(v) or 265.71(a)(2)(v).
* * * * *
    (d) As per 40 CFR 262.84(d)(2)(xv), within three (3) working days
of the receipt of a shipment subject to 40 CFR part 262, subpart H, the
owner or operator of a facility must provide a copy of the movement
document bearing all required signatures to the foreign exporter and to
the competent authorities of the countries of export and transit that
control the shipment as an export and transit shipment of hazardous
waste respectively. For shipments received on or after the electronic
import-export reporting compliance date, the receiving facility must
close out the movement document to confirm receipt within three working
days of shipment delivery using EPA's Waste Import Export Tracking
System (WIETS), or its successor system. For shipments sent from a
country with which EPA has established an electronic exchange of
movement document tracking data, the receiving facility may use WIETS,
or its successor system, to send movement document confirmation data
back through the electronic exchange to the foreign exporter and the
country of export. The original copy of the movement document must be
maintained at the facility for at least three (3) years from the date
of signature. The owner or operator of a facility may satisfy this
recordkeeping requirement by retaining electronically submitted
documents in the facility's account on EPA's Waste Import Export
Tracking System (WIETS), or its successor system, provided that copies
are readily available for viewing and production if requested by any
EPA or authorized state inspector. No owner or operator of a facility
may be held liable for the inability to produce the documents for
inspection under this section if the owner or operator of a facility
can demonstrate that the inability to produce the document is due
exclusively to technical difficulty with EPA's Waste Import Export
Tracking System (WIETS), or its successor system, for which the owner
or operator of a facility bears no responsibility.
* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

0
33. The authority citation for part 271 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6926, and 6939g.

0
34. Section 271.1 paragraph (j)(2) is amended by adding an entry to
Table 1 in chronological order by ``Promulgation date'' and adding an
entry to Table 2 in chronological order by ``Effective date''.

Sec.  271.1  Purpose and scope.

* * * * *
    (j) * * *
    (2) * * *

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
         Promulgation date           Title of regulation     Federal Register reference        Effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
[Date of publication of final rule  E-manifest user fees   [FR page numbers].............  [Date of X months
 in the Federal Register (FR)].      for hazardous waste                                    from date of
                                     exporters, and                                         publication of final
                                     related export/                                        rule].
                                     import revisions.
----------------------------------------------------------------------------------------------------------------

* * * * *

            Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                               Self-implementing
             Effective date                        provision           RCRA citation  Federal Register reference
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
[Date X days after of publication of      E-manifest user fees for              3017  [Federal Register
 final rule in the Federal Register        hazardous waste                             citation].
 (FR)].                                    exporters, and related
                                           export/import revisions.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
35. Section 271.10 is amended by adding paragraph (j) to read as
follows:

Sec.  271.10  Requirements for generators of hazardous wastes.

* * * * *
    (j) The State shall have standards for hazardous generators and
exporters which are equivalent to 40 CFR part 262. These standards
shall include:
    (1) Compliance with the manifest system including the requirements
that the:
    (i) Generator submits electronic Exception Reports to the e-
Manifest system; and
    (ii) exporter submits a signed copy of the manifest and
continuation sheet to the EPA's e-Manifest system.

    (A) After listing the relevant consent number from consent
documentation supplied by EPA to the exporter for each waste listed on
the manifest, matched to the relevant list number for the waste from
Item 9b to EPA using the allowable methods listed in 40 CFR 262.83(b)
until the facility can submit such a copy to the e-Manifest system per
40 CFR 262.83(c)(4); and
    (iii) exporter pay user fees to EPA to recover EPA's costs related
to the development and operation of an electronic hazardous waste
manifest system, in the amounts specified by the user fee methodology
included in subpart FF of 40 CFR parts 265, for all paper and
electronic manifests submitted to the e-Manifest system.
0
36. Section 271.12 is amended by adding paragraphs (i)(4), (5) and
revising paragraph (k) to read as follows:

Sec.  271.12  Requirements for hazardous waste management facilities.

* * * * *
    (i) * * *
    (4) Requirements for owners and operators of facilities to submit
electronic Discrepancy Reports to the e-Manifest system; and
    (5) Requirements for owners and operators to submit electronic
Unmanifested Waste Reports to the e-Manifest system.
    (k) Requirements for owners or operators of facilities to pay user
fees to EPA to recover EPA's costs related to the development and
operation of an electronic hazardous waste manifest system, in the
amounts specified by the user fee methodology included in subpart FF of
40 CFR parts 264 and 265, for all paper and electronic manifests and
electronic Unmanifested Waste Reports submitted to the e-Manifest
system.

PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING,
PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS

0
37. The authority citation for part 761 is revised to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42
U.S.C. 6939g.

0
38. Section 761.3 is amended by adding the definition ``Electronic
manifest'' in alphabetical order to read as follows:

Sec.  761.3  Definitions.

* * * * *
    Electronic manifest means the electronic equivalent of the manifest
(which is defined in this section as the shipping document EPA form
8700-22 and any continuation sheet attached to EPA form 8700-22,
originated and signed by the generator of PCB waste in accordance with
the instructions included with the form, and subpart K of this part),
and also in accordance with Sec. Sec.  262.20, 262.24, and 262.25.
* * * * *

Subpart D--Storage and Disposal

0
39. Section 761.60 is amended by revising paragraph (e) to read as
follows:

Sec.  761.60  Disposal requirements.

* * * * *
    (e) Any person who is required to incinerate any PCBs and PCB items
under this subpart and who can demonstrate that an alternative method
of destroying PCBs and PCB items exists and that this alternative
method can achieve a level of performance equivalent to an incinerator
approved under Sec.  761.70 or a high efficiency boiler operating in
compliance with Sec.  761.71, must submit a written request to the EPA
Regional Administrator or the Director, Office of Resource Conservation
and Recovery, for a waiver from the incineration requirements of Sec.
761.70 or Sec.  761.71. Requests for approval of alternate methods that
will be operated in more than one Region must be submitted to the
Director, Office of Resource Conservation and Recovery, except for
research and development activities involving less than 500 pounds of
PCB material (see paragraph (i)(2) of this section). Requests for
approval of alternate methods that will be operated in only one Region
must be submitted to the appropriate EPA Regional Administrator. The
applicant must show that his or her method of destroying PCBs will not
present an unreasonable risk of injury to health or the environment. On
the basis of such information and any available information, EPA may,
in its discretion, approve the use of the alternate method if it finds
that the alternate disposal method provides PCB destruction equivalent
to disposal in a Sec.  761.70 incinerator or a Sec.  761.71 high
efficiency boiler and will not present an unreasonable risk of injury
to health or the environment. Any approval must be stated in writing
and may include such conditions and provisions as EPA deems
appropriate. The person to whom such waiver is issued must comply with
all limitations contained in such determination. No person may use the
alternate method of destroying PCBs or PCB items prior to obtaining
permission from the appropriate EPA official.
* * * * *
0
40. Section 761.180 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  761.180  Records and monitoring.

* * * * *
    (b) * * *
    (3) The owner or operator of a PCB disposal facility (including an
owner or operator who disposes of their own waste and does not receive
or generate manifests) or a commercial storage facility shall submit an
annual report using EPA Form 6200-025, which briefly summarizes the
records and annual document log required to be maintained and prepared
under paragraphs (b)(1) and (2) of this section to the Director, Office
Resource Conservation and Recovery in accordance with the instructions
on the form by July 15 of each year, beginning with July 15, 1991. The
first annual report submitted on July 15, 1991, shall be for the period
starting February 5, 1990, and ending December 31, 1990. The annual
report shall contain no confidential business information. The annual
report shall consist of the information listed in paragraphs (b)(3)(i)
through (b)(3)(vi) of this section.
* * * * *
0
41. Section 761.205 is amended by revising paragraph (d) to read as
follows:

Sec.  761.205  Notification of PCB waste activity (EPA Form 7710-53).

* * * * *
    (d) Persons required to notify under this section shall file EPA
Form 7710-53 with EPA in accordance with the instructions on the form.
* * * * *
0
42. Section 761.207 is amended by adding paragraph (g) to read as
follows:

Sec.  761.207  The manifest--general requirements.

* * * * *
    (g)(1) A person required to prepare a manifest under Sec.  761.207
may prepare and use an electronic manifest, provided that the person:
    (i) Complies with the requirements in Sec.  262.24 for use of
electronic manifests, and
    (ii) Complies with the requirements of 40 CFR 3.10 for the
reporting of electronic documents to EPA.
    (2) Legal Equivalence to paper manifests. Electronic manifests that
are obtained, completed, and transmitted in accordance with Sec. Sec.
761.208 and 262.20(a)(3), and used in accordance with sections 262.20,
262.24, and 262.25 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.
    (i) 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 Sec.  262.25.
    (ii) 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 e-Manifest system.
    (iii) 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 e-Manifest
system, provided that such copies are readily available for viewing and
production if requested by any EPA or authorized state inspector.
    (iv) 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 e-
Manifest system for which the generator bears no responsibility.
    (v) Post-receipt manifest data corrections. After facilities have
certified to the receipt of hazardous wastes by signing Item 20 of the
manifest, any post-receipt data corrections may be submitted at any
time by any interested person (e.g., waste handler) named on the
manifest. A generator, transporter, or commercial storage or disposal
facility may participate electronically in the post-receipt data
corrections process by following the process described in Sec.
265.71(l) of this chapter, which applies to corrections made to either
paper or electronic manifest records.
0
43. Section 761.209 is revised to read as follows:

Sec.  761.209  Number of copies of a manifest.

    The manifest consists of at least the number of copies which will
provide the generator, the transporter, and the owner or operator of
the designated facility with one copy each for their records and a copy
to be submitted to the e-Manifest system as indicated in the
instructions included with EPA form 8700-22. 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 e-Manifest
system. All parties using electronic manifests must do so in accordance
with Sec. Sec.  262.20, 262.24, and 262.25.
0
44. Section 761.210 is amended by revising paragraphs (a) introductory
text, (a)(1) and (2) of to read as follows:

Sec.  761.210  Use of the manifest--Generator requirements.

    (a) The generator must:
    (1) Sign the manifest certification; and
    (2) Obtain the signature of the initial transporter and date of
acceptance on the manifest; and
* * * * *
0
45. Section 761.211 is amended by revising paragraphs (d)(1), (e)(3),
and (f)(3)(i), (f)(4)(i) and adding paragraph (g) to read as follows:

Sec.  761.211  Manifest system--Transporter requirements.

* * * * *
    (d) * * *
    (1) Obtain the date of delivery and the signature of that
transporter or of the owner or operator of the designated facility on
the manifest; and
* * * * *
    (e) * * *
    (3) The delivering transporter obtains the date of delivery and
signature of the owner or operator of the designated facility on either
the manifest or the shipping paper; and
    (f) * * *
    (3) * * *
    (i) Obtain the date of delivery and signature of the owner or
operator of the designated facility on the manifest or the shipping
paper (if the manifest has not been received by the facility); and
* * * * *
    (4) * * *
    (i) Obtain the date of delivery and the signature of the next non-
rail transporter on the manifest; and
* * * * *
    (g) Special procedures when electronic manifest is not available.
If after a manifest has been originated electronically and signed
electronically by the initial transporter, and the electronic manifest
system should become unavailable for any reason, then the transporter
must follow the replacement manifest procedures in accordance with
Sec.  263.20(a)(6).
0
46. Section 761.213 is amended by revising paragraph (a)(2)(i) and
adding paragraphs (d) and (e) to read as follows:

Sec.  761.213  Use of manifest--Commercial storage and disposal
facility requirements.

    (a) * * *
    (2) * * *
    (i) Sign and date each copy of the manifest;
* * * * *
    (d)) Special procedures applicable to replacement manifests. If a
commercial storage or disposal facility receives hazardous waste that
is accompanied by a paper replacement manifest for a manifest that was
originated electronically, the facility must follow the replacement
manifest procedures in accordance with Sec.  265.71(h).
    (e) Imposition of user fee for manifest submissions. (1) As
prescribed in Sec.  265.1311, and determined in Sec.  265.1312, a
commercial storage or disposal facility 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 Sec.  265.1313.
    (2) A commercial storage or disposal facility subject to user fees
under this section shall make user fee payments in accordance with the
requirements of Sec.  264.1314, subject to the informal fee dispute
resolution process of Sec.  264.1316, and subject to the sanctions for
delinquent payments under Sec.  264.1315.
0
47. Section 761.215 is amended by adding paragraphs (c)(1) through (4)
and revising (f)(6) to read as follows:

Sec.  761.215  Manifest discrepancies.

* * * * *
    (c) * * *
    (1) Legal equivalence to paper Discrepancy Reports. Electronic
Discrepancy Reports that are completed, transmitted, and used in
accordance with this section in lieu of the paper Discrepancy Report
are the legal equivalent of paper Discrepancy Reports and satisfy for
all purposes any requirement in these regulations to complete, provide,
use, or retain a discrepancy report.
    (2) Any requirement in these regulations to give, provide, or send
a Discrepancy Report to the EPA Regional Administrator is satisfied
when an electronic Discrepancy Report is transmitted to the EPA by
submission to the e-Manifest system.
    (3) Any requirement in these regulations for an owner or operator
to keep or retain a copy of each Discrepancy Report is satisfied by the
retention of the facility's electronic Discrepancy Reports in its
account on the e-Manifest system, provided that such Discrepancy
Reports are readily available for viewing and production if

requested by any EPA or authorized state inspector.
    (4) No owner or operator may be held liable for the inability to
produce a Discrepancy Report for inspection under this section if the
owner or operator can demonstrate that the inability to produce the
electronic Discrepancy Report is due exclusively to a technical
difficulty with the e-Manifest system for which the owner or operator
bears no responsibility.
* * * * *
    (f) * * *
    (6) 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 for transportation, and
mail, or submit electronically through the e-Manifest system, a signed
copy of the manifest to the generator identified in Item 5 of the new
manifest.
* * * * *
0
39. Section 761.216 is amended by revising paragraph (a) introductory
text and adding paragraph (b) to read as follows:

Sec.  761.216  Unmanifested waste report.

    (a) If a facility accepts for storage or disposal any PCB waste
from an offsite source without an accompanying manifest, or without an
accompanying shipping paper as described by Sec.  761.211(e), and the
owner or operator of the commercial storage or disposal facility cannot
contact the generator of the PCB waste, then they shall notify the
Regional Administrator of the EPA region in which their facility is
located of the unmanifested PCB waste so that the EPA Regional
Administrator can determine whether further actions are required before
the owner or operator may store or dispose of the unmanifested PCB
waste, and additionally the owner or operator must prepare an
electronic Unmanifested Waste Report in the e-Manifest system for
submission to the EPA Regional Administrator within 15 days after
receiving the waste. The Unmanifested Waste Report must contain the
following information:
* * * * *
    (b) Per Unmanifested Waste Report fee. Fees shall be assessed on a
per Unmanifested Waste Report basis for the submission of each
electronic Unmanifested Waste Report 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 per
40 CFR part 265.1312 for electronic manifest submissions.
0
40. Section 761.217 is amended by revising paragraph (a)(1) and adding
paragraph (c) to read as follows:

Sec.  761.217  Exception reporting.

    (a)(1) A generator of PCB waste, who does not receive a copy of the
manifest with the signature of the owner or operator of the designated
facility within 40 days of the date the waste was accepted by the
initial transporter, shall immediately contact the transporter and/or
the owner or operator of the designated facility to determine the
status of the PCB waste.
* * * * *
    (c) Legal equivalence to paper exception reports. Electronic
Exception Reports that are originated in the e-Manifest system in
accordance with paragraph (a) of this section and used in accordance
with this section in lieu of paper Exception Reports are the legal
equivalent of paper Exception Reports bearing handwritten signatures
and satisfy for all purposes any requirement in these regulations to
complete, sign, provide, and retain an Exception Report.
    (1) Any requirement in these regulations to sign an Exception
Report certification by hand is satisfied by signing with a valid and
enforceable electronic signature within the meaning of Sec.  262.25.
    (2) Any requirement in these regulations to give, provide or send
an Exception Report to the EPA Regional Administrator is satisfied when
an electronic Exception Report is transmitted to the EPA Regional
Administrator by submission to the e-Manifest system.
    (3) Any requirement in these regulations for a generator to keep or
retain a copy of an Exception Report is satisfied by retention of a
signed electronic Exception Report in the generator's account on the
national e-Manifest system, provided that the Exception Report is
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 Exception Report for inspection under this section if the
generator can demonstrate that the inability to produce the electronic
Exception Report is due exclusively to a technical difficulty with the
e-Manifest system for which the generator bears no responsibility.
* * * * *
0
41. Section 761.218 is amended by adding paragraphs (e) and (f) to read
as follows:

Sec.  761.218  Certificate of disposal.

* * * * *
    (e) Legal equivalence to paper certificates of disposal. Electronic
certificates of disposal that are originated in an EPA-approved
electronic system in accordance with this section and used in
accordance with this section in lieu of paper certificates of disposal
are the legal equivalent of paper certificates of disposal bearing
handwritten signatures, and satisfy for all purposes any requirement in
these regulations to complete, sign, provide, and retain a certificate
of disposal.
    (1) Any requirement in these regulations to sign a certificate of
disposal by hand is satisfied by signing with a valid and enforceable
electronic signature within the meaning of Sec.  262.25.
    (2) Any requirement in these regulations to give, provide or send a
certificate of disposal to the EPA Regional Administrator is satisfied
when an electronic certificate of disposal is transmitted to the EPA
Regional Administrator by submission to an EPA-approved electronic
system.
    (3) Any requirement in these regulations for a generator or
disposer to keep or retain a copy of a certificate of disposal is
satisfied by retention of a signed electronic certificate of disposal
in the generator's or disposer's account, respectively, on an EPA-
approved electronic system, provided that the certificate of disposal
is readily available for viewing and production if requested by any EPA
or authorized state inspector.
    (4) No generator or disposer may be held liable for the inability
to produce an electronic certificate of disposal for inspection under
this section if the generator or disposer can demonstrate that the
inability to produce the electronic certificate of disposal is due
exclusively to a technical difficulty with the EPA-approved electronic
system for which the generator or disposer bears no responsibility.
    (f) Restriction on use of electronic certificates of disposal. The
owner or operator of a disposal facility may participate in electronic
certificates of disposal if it is known at the time the certificate of
disposal is originated that:
    (1) The manifest at issue originated in the e-Manifest system in
accordance with Sec. Sec.  262.24(c) and 262.25 of this part; and
    (2) for mixed paper and electronic manifests (i.e., hybrid
manifests), the generator has registered in the e-Manifest system and
has access to the electronic manifests for the site.
0
42. Section 761.219 is amended by adding paragraphs (e) and (f) to read
as follows:

Sec.  761.219  One-year exception reporting.

* * * * *
    (e) Legal equivalence to paper One-year Exception Reports.
Electronic One-year Exception Reports that are originated in an EPA-
approved electronic system in accordance with paragraph (a) of this
section and used in accordance with this section in lieu of paper One-
year Exception Reports are the legal equivalent of paper One-year
Exception Reports bearing handwritten signatures and satisfy for all
purposes any requirement in these regulations to complete, sign,
provide, and retain a One-year exception report.
    (1) Any requirement in these regulations to sign a One-year
Exception Report certification by hand is satisfied by signing with a
valid and enforceable electronic signature within the meaning of Sec.
262.25.
    (2) Any requirement in these regulations to give, provide or send a
One-year Exception Report to the EPA Regional Administrator is
satisfied when a One-year electronic Exception Report is transmitted to
the EPA Regional Administrator by submission to an EPA-approved
electronic system.
    (3) Any requirement in these regulations for a generator or
disposer to keep or retain a copy of a One-year Exception Report is
satisfied by retention of a signed electronic One-year Exception Report
in the generator's or disposer's respective account on an EPA-approved
electronic system, provided that the One-year Exception Report is
readily available for viewing and production if requested by any EPA or
authorized state inspector.
    (4) No generator or disposer may be held liable for the inability
to produce an electronic One-year Exception Report for inspection under
this section if the generator or disposer can demonstrate that the
inability to produce the electronic One-year Exception Report is due
exclusively to a technical difficulty with the EPA-approved electronic
system for which the generator or disposer bears no responsibility.
    (f) Restriction on use of electronic One-year Exception Reporting.
A generator or disposer may participate in electronic One-year
Exception Reporting if it is known at the time the One-year Exception
Report is originated that:
    (1) The manifest at issue originated in the e-Manifest system in
accordance with Sec. Sec.  262.24(c) and 262.25 of this part; and
    (2) for mixed paper and electronic manifests (i.e., hybrid
manifests), the generator has registered in the e-Manifest system and
has access to the electronic manifests for the site.

[FR Doc. 2022-04705 Filed 3-31-22; 8:45 am]
BILLING CODE 6560-50-P