Transit-only states, that is, states through which waste is transported en route to a designated facility in another state, are not covered by this provision, so their tracking requirements would not trigger any responsibility for the designated facility to respond to a transit state’s manifest requirement. The e-Manifest Act provision on interstate shipments applies only in cases where either the origination state requires a manifest, or, the state in which the waste will be transported to a receiving facility for management (i.e., destination state) requires a manifest. What about states that require a manifest when the shipment moves through the state? This enables the origination state to confirm the proper receipt of its regulated wastes, even when those wastes are shipped out-of-state for management. If the generation state requires a manifest, the receiving facility must submit this manifest to e-Manifest, even in instances where the waste is not regulated in the destination state and does not legally require a manifest under the laws of that state. The submission of this manifest also requires the receiving facility to pay the associated fee for that manifest. Under § 2(h) of the Act, if either the generation state or receiving state requires a manifest during the movement of the waste shipment, then the receiving facility must complete the facility portion of the manifest, sign and date the facility certification to indicate the receipt of the covered wastes (or any discrepancies), and then submit that completed manifest to EPA. The e-Manifest Act included a special provision to address this point. How does e-Manifest apply for wastes that are required to be manifested in one state (e.g., the state where the waste was generated) but not required in another state (e.g., the state where the waste was received)?
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