Aug 262021

OMB Is Reviewing EPA’s e-Manifest Rule Proposed for Hazardous Waste Exports

Samuel B. Boxerman and Allison H. In
,

The White House Office of Management and Budget is reviewing a rule proposed by the U.S. Environmental Protection Agency (EPA) that aims to incorporate exports of hazardous wastes into its electronic waste manifest (e-Manifest) program under the Resource Conservation and Recovery Act (RCRA). EPA in January 2018 finalized the e-Manifest User Fee Rule, which does not extend to exports of hazardous wastes from the United States. At the time, EPA recognized the difficulty of applying the “receiver pays” approach in the export context, because the receiver in that context is typically a foreign entity. For the proposal, EPA is considering which entity involved in the export supply chain should “submit export manifests to EPA” and “pay the requisite user fee for the processing of export manifests.” EPA also identified its plan so that the proposed action consider potential revisions to the manifest regulations under the Toxic Substances Control Act to make it align with the manifest regulations under RCRA and the e-Manifest program.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

Allison H. In

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