---
kind: "section"
citation: "40 C.F.R. § 260.5"
title: "40"
number: "260.5"
heading: "Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments."
url: "https://uscodex.org/cfr/40/260.5"
---

# §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](/cfr/40/264.71.md) (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](/cfr/40/part264-subpartFF.md) of this chapter.

## Notes

### Amendments

[83 FR 451, Jan. 3, 2018]

### Authority

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

### Source

Source: 45 FR 33073, May 19, 1980, unless otherwise noted.

### Amendments

[83 FR 451, Jan. 3, 2018]