Frequent Questions

What situations might exempt me from having to submit manifest registry form samples under 40 CFR 262.21(d) or (h)(3)?

Section 262.21(j) provides that EPA may, at its discretion, exempt a registrant from the requirement to submit a form sample under section 262.21(d) or (h)(3). A registrant may request an exemption from EPA by indicating why an exemption is warranted. We envision several reasons why a registrant might request an exemption.

For example, it would not be unusual for two or more registrants to rely on the same commercial printer to print their forms under the Registry. If a commercial printer prints the manifest on behalf of an approved registrant and then, subsequently, a second registrant applies to use that same printer, we do not believe it is necessary for the second registrant to submit new form samples under section 262.21(d), so long as the same printer will be printing the manifest using the same paper type, paper weight, ink color of the instructions and binding method of the form samples approved for the first registrant. After the printer's forms get approved the first time, the second registrant could submit the printer's original form samples for evaluation under the Registry. Once approved under section 262.21(e), the second registrant must use that printer to print its forms according to the specifications at section 262.21(f), as well as the paper weight, paper type, ink color of the instructions, and binding method of the printer's originally approved form samples. It also must pre-print a unique manifest tracking number on each manifest using its approved suffix.

Another common situation would be where a registrant gets approved to print a manifest using a certain paper type, paper weight, ink color of the instructions, and binding method, and subsequently wants to change one or more of these specifications. Under section 262.21(h)(3), the registrant must submit three form samples and get EPA approval. We believe the section 262.21(h)(3) requirement is important for evaluating whether a registrant's revised manifest meets the specifications at section 262.21(f). However, there might be some exceptions to this.

For example, we do not believe we need to evaluate a revised form sample if we are aware that the revised specifications have already been approved for another registrant. As we evaluate and approve form samples under sections 262.21(e) and (h)(3), we may post approved form specifications (e.g., paper type, paper weight) on our Web site. If an approved registrant would like to change one or more of its form's specifications to another approved specification on our Web site, the registrant may notify EPA that it intends to do so, in lieu of submitting revised form samples. EPA could then relieve the registrant of the requirement to submit revised form samples.

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