Proposed Rule: User Fees for the Electronic Hazardous Waste Manifest System (E-Manifest) and Amendments to Manifest Regulations
The EPA Administrator signed the e-Manifest User Fee Proposed Rule on June 27, 2016, and it was published in the Federal Register on July 26, 2016. The proposed rule requests public comment on the methodology that EPA intends to use in setting and revising user fees in order to recover the full costs of the electronic manifest IT system. This includes costs incurred in developing, operating, maintaining, and upgrading a national e-Manifest system, as well as any costs incurred in collecting and processing data from any paper manifest submitted to the e-Manifest system after the date on which the system begins to operate.
The e-Manifest user fee proposed rule notice requests public comment on the methodology that includes several key issues:
- Who must pay e-Manifest user fees?
- What types of transactions will give rise to fees?
- What formula will EPA use to set fees?
- What will be the available options for users to make their fee payments?
- What process will EPA follow to revise user fees?
- What are the possible sanctions for non-payment?
EPA also proposes to tailor user fees according to whether manifests are submitted electronically or via paper to reflect the varying processing costs of these options. This action also proposes several amendments to the regulations governing the use of electronic hazardous waste manifests and the completion of manifests.
EPA anticipates issuing the final e-Manifest user fee rule in late 2017 and deploying the e-Manifest information technology system in spring 2018.
Commenting on the Proposed Rule:
The comment period for the User Fee Proposed Rule ended September 26, 2016.
Pursuant to the Hazardous Waste Electronic Manifest Establishment Act, Public Law 112-195, EPA announced the e-Manifest regulation in the Federal Register on February 7, 2014, which authorizes use of electronic manifests to track hazardous waste shipments nationwide. The establishment of the User Fee rule is an important next step in the implementation of the E-Manifest Act and will inform the agency’s ongoing E-Enterprise initiative. Because the Act grants broad discretion to EPA to determine the fees, and gives EPA authority to collect such fees for both electronic manifests and for any paper manifests that continue in use, EPA will issue both a proposed and final rule notice in setting the appropriate electronic manifest and paper manifest fees.