40 CFR 262 Subpart B: EPA Hazardous Waste Manifest

Regulatory citation: 40 CFR Part 262, Subpart B, The Manifest (with related recordkeeping and reporting in 40 CFR 262.40 and 262.42)

What Are the Hazardous Waste Manifest Requirements?

40 CFR Part 262, Subpart B requires a generator that ships hazardous waste off site for treatment, storage or disposal to prepare a Uniform Hazardous Waste Manifest. The manifest, EPA Form 8700-22 with continuation sheet 8700-22A, tracks the waste from the generator through each transporter to the receiving facility. EPA's e-Manifest system, accessed through RCRAInfo, holds paper and electronic manifests.

EPA's third e-Manifest rule (89 FR 60692, July 26, 2024) took effect on January 22, 2025. Some of its provisions, including electronic exception and discrepancy reports and export manifests in e-Manifest, did not apply until December 1, 2025.

Why Manifests Matter

The manifest is the generator's proof that waste reached a permitted facility. Generators stay responsible for their waste, so a missing or wrong manifest can mean lost waste and enforcement.

Core Obligations

1. Prepare a Manifest for Off-Site Shipments (262.20(a))

Generators must prepare a manifest on EPA Form 8700-22, and 8700-22A if needed, for hazardous waste sent off site. An electronic manifest may be used instead if the generator follows 262.24 and EPA's electronic reporting rules in 40 CFR 3.10. Paper manifests must be obtained from an EPA-approved source.

2. Register With e-Manifest (262.20(a)(1)–(2))

Large and small quantity generators must register with EPA's e-Manifest system to obtain signed and dated copies of completed manifests. If EPA requests a correction to the generator's part of a manifest, the generator must address it within 30 days of the request.

3. Designate the Receiving Facility (262.20(b)–(d))

Name one permitted facility to receive the waste and, if you choose, one alternate facility for emergencies. If the transporter cannot deliver, you must designate another facility or tell the transporter to return the waste.

4. Sign and Hand Over the Manifest (262.23)

The generator signs the certification by hand, obtains the initial transporter's handwritten signature and date of acceptance, keeps one copy and gives the transporter the rest. For rejected loads returned to the generator, the generator signs the return portion and sends a copy to the returning facility within 30 days.

5. Certify Waste Minimization (262.27)

Item 15 of the manifest includes a certification. A large quantity generator certifies that it has a waste reduction program in place. A small quantity generator certifies that it has made a good faith effort to minimize waste.

6. Use Electronic Manifests Correctly (262.24)

Electronic manifests are legally equivalent to signed paper forms. They may be used only if every named waste handler participates. The generator must give the initial transporter a printed copy where DOT rules require one, and switch to paper if the system is unavailable before the transporter signs.

7. Track Returns and File Exception Reports (262.42)

A large quantity generator that has not received the signed copy from the receiving facility within 45 days of acceptance by the initial transporter must contact the transporter or facility. If it still has no copy within 60 days, it must file an Exception Report. A small quantity generator that has no confirmation of delivery within 60 days must submit a legible copy of the manifest noting that the return copy was not received. Since December 1, 2025, these exception reports go through the e-Manifest system instead of on paper to the EPA Regional Administrator.

8. Keep Manifests for 3 Years (262.40(a))

Keep each signed copy for three years, or until you receive the signed copy from the receiving facility, which must then be kept for at least three years from the date the initial transporter accepted the waste. Retention periods extend automatically during unresolved enforcement actions.

Common Compliance Approaches

Name Registered e-Manifest Users

Make sure at least one site employee has an active RCRAInfo account to view and correct manifests.

Run a 45-Day Manifest Log

Log each shipment's date and check e-Manifest for the final copy before the follow-up and exception deadlines.

Train Signers

Only staff trained on DOT and RCRA requirements should sign the generator certification.

Example: Manifest Management in Practice

A large quantity generator ships drums of spent solvent to a permitted recycler every two weeks. The environmental coordinator prepares each manifest, signs Item 15 and checks that the driver signs and dates the transporter block. She logs each shipment, and at day 45 one final copy is still missing in e-Manifest, so she calls the recycler. The facility submits the missing copy the next week, so no Exception Report is needed.

Related regulations: EPA Hazardous Waste Generators, EPA Universal Waste Rule, EPA Used Oil Management Standards.

Note: This summary reflects federal RCRA requirements. Authorized states may require extra manifest copies, cover more wastes or set stricter rules. DOT hazardous materials rules also apply to hazardous waste shipments.

Frequently Asked Questions

Do very small quantity generators need to register with e-Manifest?

The federal registration requirement in 262.20(a)(1) applies to large and small quantity generators. Check your state rules, which may differ.

When is an Exception Report due?

For large quantity generators, within 60 days of acceptance by the initial transporter, after a follow-up at 45 days. Small quantity generators also have 60 days.

How long do I keep manifests?

At least three years from the date the initial transporter accepted the waste, longer during an unresolved enforcement action.