40 CFR § 260.5 - Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.

---
identifier: "/us/cfr/t40/s260.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 260.5 - Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments."
title_number: 40
title_name: "Protection of Environment"
section_number: "260.5"
section_name: "Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "260"
part_name: "HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, 6939g, and 6974."
regulatory_source: "45 FR 33073, May 19, 1980, unless otherwise noted."
cfr_part: "260"
---


# 260.5 Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

[83 FR 451, Jan. 3, 2018]