RCRA Revision Checklist 239
Hazardous Waste Electronic Manifest User Fee Rule
83 FR 420-462
January 3, 2018
(RCRA Cluster XXVI, Non-HSWA)

Notes:  1) There are many requirements in this rule that can be administered and enforced only by EPA, and not by authorized states.  These provisions are noted within this checklist.

2) Most of the provisions in this rule that are not solely administered and enforced by EPA were promulgated under the authority of Section 2(g)(3) of the e-Manifest Act.  This authority is similar to that in Section 3006(g) of RCRA, which was promulgated under HSWA, which provides that EPA shall carry out regulations promulgated under the Act in each state unless the state program is fully authorized to carry out such regulations in lieu of EPA.  
3) The hazardous waste manifest is an area subject to special program consistency considerations. In addition, because of the section 2(g)(3) mandate of the e-Manifest Act that all federal requirements promulgated under e-Manifest Act authority be given consistent effect in all states on the these requirments’ effective date, existing state law requirements that are inconsistent with the federal revisions promulgated under the e-Manifest Act are superseded on these regulations’ effective date of June 30, 2018.

Name of State:

State Statutory Authority:

Title of Regulations: ___________________________ Effective Date:

Date Checklist Completed:

Federal Requirements	Federal RCRA Citation	Analogous State Citation	State Analog is:	
			Equiv-alent	Less strin-gent	More Strin-gent	Broader in Scope	
Part 260 – hazardous waste Management system: General	
Subpart A -- GENERAL	
Manifest copy submission requirements for certain interstate waste shipments.	260.4 Title						
In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:	260.4(a)						
Complete the facility portion of the applicable manifest;	260.4(a)(1)						
Sign and date the facility certification;	260.4(a)(2)						
Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and	260.4(a)(3)						
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.	260.4(a)(4)	 See Endnote 1					
Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.	260.5 Title	See Endnote 5					
For purposes of this section, “state-only regulated waste” means:	260.5(a)						
A non-RCRA waste that a state regulates more broadly under its state regulatory program, or	260.5(a)(1)						
A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.	260.5(a)(2)						
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:	260.5(b)						
Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and	260.5(b)(1)						
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.	260.5(b)(2)	See Endnote 1					
PART 262 – STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	
Subpart B – THE MANIFEST	
A generator that transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A.	262.20(a)(1)						
The revised manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, and 262.60, shall not apply until September 5, 2006. The manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 262.32, 262.34, 262.54, and 262.60, contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.	262.20(a)(2)						
The manifest and continuation sheet must be printed as five-copy forms. Copy-to-copy registration must be exact within 1/32nd of an inch. Handwritten and typed impressions on the form must be legible on all five copies. Copies must be bound together by one or more common stubs that reasonably ensure that they will not become detached inadvertently during normal use.	262.21(f)(5)						
Each copy of the manifest and continuation sheet must indicate how the copy must be distributed, as follows:	262.21(f)(6)						
Page 1 (top copy): “Designated facility to EPA’s e-Manifest system”;	262.21(f)(6)(i)	See Endnote 1					
Page 2: “Designated facility to generator”;	262.21(f)(6)(ii)						
Page 3: “Designated facility copy”;	262.21(f)(6)(iii)						
Page 4: “Transporter copy”; and	262.21(f)(6)(iv)						
Page 5 (bottom copy): “Generator’s initial copy.”	262.21(f)(6)(v)						
The instructions for the manifest form (EPA Form 8700-22) and the manifest continuation sheet (EPA Form 8700-22A) shall be printed in accordance with the content that is currently approved under OMB Control Number 2050-0039 and published to the e-Manifest program’s web site. The instructions must appear legibly on the back of the copies of the manifest and continuation sheet as provided in this paragraph (f). The instructions must not be visible through the front of the copies when photocopied or faxed.	262.21(f)(7)						
Manifest Form 8700-22.	262.21(f)(7)(i)						
The “Instructions for Generators” on Copy 5;	262.21(f)(7)(i)(A)						
The “Instructions for International Shipment Block” and “Instructions for Transporters” on Copy 4; and	262.21(f)(7)(i)(B)						
The “Instructions for Treatment, Storage, and Disposal Facilities” on Copy 3.	262.21(f)(7)(i)(C)						
Manifest Form 8700-22A.	262.21(f)(7)(ii)						
The “Instructions for Generators” on Copy 5;	262.21(f)(7)(ii)(A)						
The “Instructions for Transporters” on Copy 4; and	262.21(f)(7)(ii)(B)						
The “Instructions for Treatment, Storage, and Disposal Facilities” on Copy 3.	262.21(f)(7)(ii)(C)						
Add new paragraph (f)(8) to read: The designated facility copy of each manifest and continuation sheet must include in the bottom margin the following warning in prominent font: “If you received this manifest, you have responsibilities under the e-Manifest Act. See instructions on reverse side.”	262.21(f)(8)						
Restriction on use of electronic manifests. A generator may use an electronic manifest for the tracking of waste shipments involving any RCRA hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest, except that:	262.24(c)						
A generator may sign by hand and retain a paper copy of the manifest signed by hand by the initial transporter, in lieu of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically.	262.24(c)(1)						
[Reserved]	262.24(c)(2)						
Special procedures when electronic manifest is unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason prior to the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator must obtain and complete a paper manifest and if necessary, a continuation sheet (EPA Forms 8700-22 and 8700-22A) in accordance with the manifest instructions, and use these paper forms from this point forward in accordance with the requirements of §262.23.	262.24(e)						
Remove and reserve	262.24(g)	See Endnote 2					
Add new paragraph (h) to read: Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. Generators may participate electronically in the post-receipt data corrections process by following the process described in § 264.71(l) of this chapter, which applies to corrections made to either paper or electronic manifest records.	262.24(h)						
[Removed]	Appendix to Part 262						
Part 263 – Standards applicable to transporters of hazardous waste	
Subpart B -- compliance with the manifest system and recordkeeping	
Remove and reserve	263.20(a)(8)	See Endnote 2					
Add new paragraph (a)(9) to read: Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. Transporters may participate electronically in the post-receipt data corrections process by following the process described in § 264.71(l) of this chapter, which applies to corrections made to either paper or electronic manifest records.	263.20(a)(9)						
Except as provided in paragraph (b) of this section, the transporter must deliver the entire quantity of hazardous waste which he or she has accepted from a generator or a transporter to:	263.21(a)	See Endnote 3					
The designated facility listed on the manifest; or	263.21(a)(1)	See Endnote 3					
The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or	263.21(a)(2)	See Endnote 3					
The next designated transporter; or	263.21(a)(3)	See Endnote 3					
The place outside the United States designated by the generator.	263.21(a)(4)	See Endnote 3					
Emergency condition. If the hazardous waste cannot be delivered in accordance with paragraph (a)(1), (2), or (4) of this section because of an emergency condition other than rejection of the waste by the designated facility or alternate designated facility, then the transporter must contact the generator for further instructions and must revise the manifest according to the generator’s instructions.	263.21(b)(1)	See Endnote 3					
Transporters without agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with paragraph (a)(3) of this section, and the current transporter is without contractual authorization from the generator to act as the generator’s agent with respect to transporter additions or substitutions, then the current transporter must contact the generator for further instructions prior to making any revisions to the transporter designations on the manifest. The current transporter may thereafter make such revisions if:	263.21(b)(2)	See Endnote 3					
The hazardous waste is not delivered in accordance with paragraph (a)(3) of this section because of an emergency condition; or	263.21(b)(2)(i)	See Endnote 3					
The current transporter proposes to change the transporter(s) designated on the manifest by the generator, or to add a new transporter during transportation, to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety; and	263.21(b)(2)(ii)	See Endnote 3					
The generator authorizes the revision.	263.21(b)(2)(iii)	See Endnote 3					
Transporters with agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with paragraph (a)(3) of this section, and the current transporter has authorization from the generator to act as the generator’s agent, then the current transporter may change the transporter(s) designated on the manifest, or add a new transporter, during transportation without the generator’s prior, explicit approval, provided that:	263.21(b)(3)	See Endnote 3					
The current transporter is authorized by a contractual provision that provides explicit agency authority for the transporter to make such transporter changes on behalf of the generator;	263.21(b)(3)(i)	See Endnote 3					
The transporter enters in Item 14 of each manifest for which such a change is made, the following statement of its agency authority: “Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator’s behalf;” and	263.21(b)(3)(ii)	See Endnote 3					
The change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.	263.21(b)(3)(iii)	See Endnote 3					
Generator liability.  The grant by a generator of authority to a transporter to act as the agent of the generator with respect to changes to transporter designations under paragraph (b)(3) of this section does not affect the generator’s liability or responsibility for complying with any applicable requirement under this chapter, or grant any additional authority to the transporter to act on behalf of the generator.	263.21(b)(4)	See Endnote 3					
If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:	263.21(c)						
For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in accordance with §263.22, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest must include all of the information required in 40 CFR 264.72(e)(1) through (6) or (f)(1) through (6) or 40 CFR 265.72(e)(1) through (6) or (f)(1) through (6).	263.21(c)(1)						
For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with §263.22, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with 40 CFR 264.72(e)(1) through (6) or 40 CFR 265.72(e)(1) through (6).	263.21(c)(2)						
Part 264 – Standards for owners and operators of hazardous waste treatment, storage, and disposal facilities	
Subpart E – Manifest System, recordkeeping, and reporting	
If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his agent must:	264.71(a)(2)						
Sign and date each copy of the manifest;	264.71(a)(2)(i)						
Note any discrepancies (as defined in § 264.72(a)) on each copy of the manifest;	264.71(a)(2)(ii)						
Immediately give the transporter at least one copy of the manifest;	264.71(a)(2)(iii)						
Within 30 days of delivery, send a copy (Page 2) of the manifest to the generator;	264.71(a)(2)(iv)						
Paper manifest submission requirements are:	264.71(a)(2)(v)	States must not change the language in this provision.  					
Options for compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper manifest and any paper continuation sheet to the EPA’s e-Manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or both a data file and image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made at the mailing address or electronic mail/submission address specified at the e-Manifest program website’s directory of services. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-Manifest.	264.71(a)(2)(v)(A)	States must not change the language in this provision.  					
Options for compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to submit the top copy (Page 1) of the paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing may be met by the owner or operator only by transmitting to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or by transmitting to the EPA system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made to the electronic mail/submission address specified at the e-Manifest program website’s directory of services; and	264.71(a)(2)(v)(B)	States must not change the language in this provision.  					
Retain at the facility a copy of each manifest for at least three years from the date of delivery.	264.71(a)(2)(vi)	States must not change the language in this provision.  					
Imposition of user fee for manifest submissions. 	264.71(j)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions. See Endnote 4.					
As prescribed in § 264.1311, and determined in § 264.1312, an owner or operator who is a user of the electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in § 264.1313.	264.71(j)(1)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.					
An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of § 264.1314, subject to the informal fee dispute resolution process of § 264.1316, and subject to the sanctions for delinquent payments under § 264.1315.	264.71(j)(2)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.					
add new paragraph (l) to read: Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) shown on the manifest.	264.71(l)	States must not change the language in this provision.  					
Interested persons must make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web based service provided in e-Manifest for such corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.	264.71(l)(1)						
Each correction submission must include the following information:	264.71(l)(2)						
The Manifest Tracking Number and date of receipt by the facility of the original manifest(s) for which data are being corrected;	264.71(l)(2)(i)						
The item number(s) of the original manifest that is the subject of the submitted correction(s); and	264.71(l)(2)(ii)						
For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.	264.71(l)(2)(iii)						
Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his or her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete:	264.71(l)(3)						
The certification statement must be executed with a valid electronic signature; and	264.71(l)(3)(i)						
A batch upload of data corrections may be submitted under one certification statement.	264.71(l)(3)(ii)						
Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter’s corrections.	264.71(l)(4)						
Other interested persons shown on the manifest may respond to the submitter’s corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in paragraph (l)(3) of this section, and with notice of the corrections to other interested persons shown on the manifest.	264.71(l)(5)						
In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at 40 CFR 264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.	264.1086(c)(4)(i)						
In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at 40 CFR 264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.	264.1086(d)(4)(i)						
See Endnote 4      SUBPART FF—FEES FOR THE ELECTRONIC HAZARDOUS WASTE MANIFEST PROGRAM	
Add new Subpart FF to part 264 as follows: Subpart FF—Fees for the Electronic Hazardous Waste Manifest Program	264 Subpart FF	States cannot be authorized to implement or enforce any of the Subpart FF requirements.  States must not change any language in this Subpart.					
Add Heading: Applicability.	264.1300						
This subpart prescribes:	264.1300(a)						
The methodology by which EPA will determine the user fees which owners or operators of facilities must pay for activities and manifest related services provided by EPA through the development and operation of the electronic hazardous waste manifest system (e-Manifest system); and	264.1300(a)(1)						
The process by which EPA will revise e-Manifest system fees and provide notice of the fee schedule revisions to owners or operators of facilities.	264.1300(a)(2)						
The fees determined under this subpart apply to owners or operators of facilities whose activities receiving, rejecting, or managing federally- or state-regulated hazardous wastes or other materials bring them within the definition of “user of the electronic manifest system” under § 260.10 of this chapter.	264.1300(b)						
Add Heading: Definitions applicable to this subpart.	264.1310 						
The following definitions apply to this subpart:	264.1310 introductory text						
Consumer price index means the consumer price index for all U.S. cities using the “U.S. city average” area, “all items" and “not seasonally adjusted” numbers calculated by the Bureau of Labor Statistics in the Department of Labor.	264.1310 “Consumer price index”						
Cross Media Electronic Reporting Rule (CROMERR) costs are the sub-category of operations and maintenance costs that are expended by EPA in implementing electronic signature, user registration, identity proofing, and copy of record solutions that meet EPA’s electronic reporting regulations as set forth in the CROMERR as codified at 40 CFR part 3.	264.1310 “Cross Media Electronic Reporting Rule (CROMERR) costs”						
Electronic manifest submissions means manifests that are initiated electronically using the electronic format supported by the e-Manifest system, and that are signed electronically and submitted electronically to the e-Manifest system by facility owners or operators to indicate the receipt or rejection of the wastes identified on the electronic manifest. Electronic manifest submissions include the hybrid or mixed paper/electronic manifests authorized under § 262.24(c)(1).	264.1310 “Electronic manifest submissions”						
EPA program costs mean the Agency’s intramural and non-information technology extramural costs expended in the design, development and operations of the e-Manifest system, as well as in regulatory development activities supporting e-Manifest, in conducting its capital planning, project management, oversight and outreach activities related to e-Manifest, in conducting economic analyses supporting e-Manifest, and in establishing the System Advisory Board to advise EPA on the system. Depending on the date on which EPA program costs are incurred, these costs may be further classified as either system setup costs or operations and maintenance costs.	264.1310 “EPA program costs”						
Help desk costs mean the costs incurred by EPA or its contractors to operate the e-Manifest Help Desk, which EPA will establish to provide e-Manifest system users with technical assistance and related support activities.	264.1310 “Help desk costs”						
Indirect costs mean costs not captured as marginal costs, system setup costs, or operations and maintenance costs, but that are necessary to capture because of their enabling and supporting nature, and to ensure full cost recovery. Indirect costs include, but are not limited to, such cost items as physical overhead, maintenance, utilities, and rents on land, buildings, or equipment. Indirect costs also include the EPA costs incurred from the participation of EPA offices and upper management personnel outside of the lead program office responsible for implementing the e-Manifest program.	264.1310 “Indirect costs”						
Manifest submission type means the type of manifest submitted to the e-Manifest system for processing, and includes electronic manifest submissions and paper manifest submissions.	264.1310 “Manifest submission type”						
Marginal labor costs mean the human labor costs incurred by staff operating the paper manifest processing center in conducting data key entry, QA, scanning, copying, and other manual or clerical functions necessary to process the data from paper manifest submissions into the e-Manifest system’s data repository.	264.1310 “Marginal labor costs”						
Operations and maintenance costs mean all system related costs incurred by EPA or its contractors after the activation of the e-Manifest system. Operations and maintenance costs include the costs of operating the electronic manifest information technology system and data repository, CROMERR costs, help desk costs, EPA program costs incurred after e-Manifest system activation, and the costs of operating the paper manifest processing center, other than the paper processing center’s marginal labor costs.	264.1310 “Operations and maintenance costs”						
Paper manifest submissions mean submissions to the paper processing center of the e-Manifest system by facility owners or operators, of the data from the designated facility copy of a paper manifest, EPA Form 8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such submissions may be made by mailing the paper manifests or continuation sheets, by submitting image files from paper manifests or continuation sheets in accordance with § 264.1311(b), or by submitting both an image file and data file in accordance with the procedures of § 264.1311(c).	264.1310 “Paper manifest submissions”						
System setup costs mean all system related costs, intramural or extramural, incurred by EPA prior to the activation of the e-Manifest system. Components of system setup costs include the procurement costs from procuring the development and testing of the e-Manifest system, and the EPA program costs incurred prior to e-Manifest system activation.	264.1310 “System setup costs”						
Add Heading: Manifest transactions subject to fees.	264.1311						
Per manifest fee. Fees shall be assessed on a per manifest basis for the following manifest submission transactions:	264.1311(a)						
The submission of each electronic manifest that is electronically signed and submitted to the e-Manifest system by the owners or operators of receiving facilities, with the fee assessed at the applicable rate for electronic manifest submissions;	264.1311(a)(1)						
The submission of each paper manifest submission to the paper processing center signed by owners or operators of receiving facilities, with the fee assessed according to whether the manifest is submitted to the system by mail, by the upload of an image file, or by the upload of a data file representation of the paper manifest; and	264.1311(a)(2)						
The submission of copies of return shipment manifests by facilities that are rejecting hazardous wastes and returning hazardous wastes under return manifests to the original generator. This fee is assessed for the processing of the return shipment manifest(s), and is assessed at the applicable rate determined by the method of submission. The submission shall also include a copy of the original signed manifest showing the rejection of the wastes.	264.1311(a)(3)						
Image file uploads from paper manifests. Receiving facilities may submit image file uploads of completed, ink-signed manifests in lieu of submitting mailed paper forms to the e-Manifest system. Such image file upload submissions may be made for individual manifests received by a facility or as a batch upload of image files from multiple paper manifests received at the facility:	264.1311(b)						
The image file upload must be made in an image file format approved by EPA and supported by the e-Manifest system; and	264.1311(b)(1)						
At the time of submission of an image file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative’s knowledge or belief, the submitted image files are accurate and complete representations of the facility’s received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission.	264.1311(b)(2)						
Data file uploads from paper manifests. Receiving facilities may submit data file representations of completed, ink-signed manifests in lieu of submitting mailed paper forms or image files to the e-Manifest system. Such data file submissions from paper manifests may be made for individual manifests received by a facility or as a batch upload of data files from multiple paper manifests received at the facility.	264.1311(c)						
The data file upload must be made in a data file format approved by EPA and supported by the e-Manifest system;	264.1311(c)(1)						
The receiving facility must also submit an image file of each manifest that is included in the individual or batch data file upload; and	264.1311(c)(2)						
At the time of submission of the data file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative’s knowledge or belief, the data and images submitted are accurate and complete representations of the facility’s received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission.	264.1311(c)(3)						
Add Heading: User fee calculation methodology.	264.1312						
The fee calculation formula or methodology that EPA will use initially to determine per manifest fees is as follows:	264.1312(a)						

 + 

Where Feei represents the per manifest fee for each manifest submission type “i” and Nt refers to the total number of manifests completed in a year.	
If after four years of system operations, electronic manifest usage does not equal or exceed 75% of total manifest usage, EPA may transition to the following formula or methodology to determine per manifest fees:	264.1312(b)(1)						

 + 

 + 

Where Ni refers to the total number of one of the four manifest submission types “i” completed in a year and O&Mi Cost refers to the differential O&M Cost for each manifest submission type “i.”	
At the completion of four years of system operations, EPA shall publish a notice:	264.1312(b)(2)						
Stating the date upon which the fee formula set forth in paragraph (b)(1) of this section shall become effective; or	264.1312(b)(2)(i)						
Stating that the fee formula in paragraph (b)(1) of this section shall not go into effect under this section, and that the circumstances of electronic manifest adoption and the appropriate fee response shall be referred to the System Advisory Board for the Board’s advice.	264.1312(b)(2)(ii)						
Add Heading: User fee revisions.	264.1313						
Revision schedule.	264.1313(a)						
EPA will revise the fee schedules for e-Manifest submissions and related activities at two-year intervals, by utilizing the applicable fee calculation formula prescribed in § 264.1312 and the most recent program cost and manifest usage numbers.	264.1313(a)(1)						
The fee schedules will be published to users through the e-Manifest program web site by July 1 of each odd numbered calendar year, and will cover the two fiscal years beginning on October 1 of that year and ending on September 30 of the next odd numbered calendar year.	264.1313(a)(2)						
Inflation adjuster. The second year of each two-year fee schedule shall be adjusted for inflation by using the following adjustment formula:	264.1313(b)						
FeeiYear 2 = FeeiYear1 X (CPIYear2-2/CPIYear2-1)
Where:
FeeiYear2 is the Fee for each type of manifest submission “i” in Year 2 of the fee cycle;
FeeiYear1 is the Fee for each type of manifest submission “i” in Year 1 of the fee cycle; and
      CPIYear2-2/CPIYear2-1 is the ratio of the CPI published for the year two years prior to Year 2 to the CPI for the year one year prior to Year 2 of the cycle.	
Revenue recovery adjusters. The fee schedules published at two-year intervals under this section shall include an adjustment to recapture revenue lost in the previous two-year fee cycle on account of imprecise estimates of manifest usage. This adjustment shall be calculated using the following adjustment formula to calculate a revenue recapture amount which will be added to O&M Costs in the fee calculation formula of § 264.1312:	264.1313(c)						
Revenue Recapturei = (NiYear1 + NiYear2)Actual -- (NiYear1 + NiYear2)Est X Feei(Ave) 
Where:
Revenue Recapturei is the amount of fee revenue recaptured for each type of manifest submission “i;”
(NiYear1 + NiYear2)Actual -- (NiYear1 + NiYear2)Est is the difference between actual manifest numbers submitted to the system for each manifest type during the previous 2-year cycle, and the numbers estimated when we developed the previous cycle’s fee schedule; and
      Feei(Ave) is the average fee charged per manifest type over the previous two-year cycle.	
Add heading: How to make user fee payments.	264.1314						
All fees required by this subpart shall be paid by the owners or operators of the receiving facility in response to an electronic invoice or bill identifying manifest-related services provided to the user during the previous month and identifying the fees owed for the enumerated services.	264.1314(a)						
All fees required by this subpart shall be paid to EPA by the facility electronically in U.S. dollars, using one of the electronic payment methods supported by the Department of the Treasury's Pay.gov online electronic payment service, or any applicable additional online electronic payment service offered by the Department of Treasury.	264.1314(b)						
All fees for which payments are owed in response to an electronic invoice or bill must be paid within 30 days of the date of the invoice or bill.	264.1314(c)						
Add heading: Sanctions for delinquent payments.	264.1315						
Interest. In accordance with 31 U.S.C. 3717(a)(1), delinquent e-Manifest user fee accounts shall be charged a minimum annual rate of interest equal to the average investment rate for Treasury tax and loan accounts (Current Value of Funds Rate or CVFR) for the 12-month period ending September 30th of each year, rounded to the nearest whole percent.	264.1315(a)						
E-Manifest user fee accounts are delinquent if the accounts remain unpaid after the due date specified in the invoice or other notice of the fee amount owed.	264.1315(a)(1)						
Due dates for invoiced or electronically billed fee amounts shall be 30 days from the date of the electronic invoice or bill.	264.1315(a)(2)						
Financial penalty. In accordance with 31 U.S.C. 3717(e), e-Manifest user fee accounts that are more than 90 days past due (i.e., not paid by date 120 days from date of invoice) shall be charged an additional penalty of 6% per year assessed on any part of the debt that is past due for more than 90 days, plus any applicable handling charges.	264.1315(b)						
Compliance with manifest perfection requirement. A manifest is fully perfected when:	264.1315(c)						
The manifest has been submitted by the owner or operator of a receiving facility to the e-Manifest system, as either an electronic submission or a paper manifest submission; and	264.1315(c)(1)						
All user fees arising from the submission of the manifest have been fully paid.	264.1315(c)(2)						
Add Heading: Informal fee dispute resolution.	264.1316						
Users of e-Manifest services that believe their invoice or charges to be in error must present their claims for fee dispute resolution informally using the process described in this section.	264.1316(a)						
Users asserting a billing dispute claim must first contact the system’s billing representatives by phone or email at the phone number or email address provided for this purpose on the e-Manifest program’s web site or other customer services directory.	264.1316(b)						
The fee dispute claimant must provide the system’s billing representatives with information identifying the claimant and the invoice(s) that are affected by the dispute, including:	264.1316(b)(1)						
The claimant's name, and the facility at which the claimant is employed;	264.1316(b)(1)(i)						
The EPA Identification Number of the affected facility;	264.1316(b)(1)(ii)						
The date, invoice number, or other information to identify the particular invoice(s) that is the subject of the dispute; and	264.1316(b)(1)(iii)						
A phone number or email address where the claimant can be contacted.	264.1316(b)(1)(iv)						
The fee dispute claimant must provide the system’s billing representatives with sufficient    supporting information to identify the nature and amount of the fee dispute, including:	264.1316(b)(2)						
If the alleged error results from the types of manifests submitted being inaccurately described in the invoice, the correct description of the manifest types that should have been billed;	264.1316(b)(2)(i)						
If the alleged error results from the number of manifests submitted being inaccurately described in the invoice, the correct description of the number of manifests that should have been billed;	264.1316(b)(2)(ii)						
If the alleged error results from a mathematical error made in calculating the amount of the invoice, the correct fee calculations showing the corrected fee amounts; and	264.1316(b)(2)(iii)						
Any other information from the claimant that explains why the invoiced amount is in error and what the fee amount invoiced should be if corrected.	264.1316(b)(2)(iv)						
EPA's system billing representatives must respond to billing dispute claims made under this section within ten days of receipt of a claim. In response to a claim, the system's billing representative will:	264.1316(b)(3)						
State whether the claim is accepted or rejected, and if accepted, the response will indicate the amount of any fee adjustment that will be refunded or credited to the facility; and	264.1316(b)(3)(i)						
If a claim is rejected, then the response shall provide a brief statement of the reasons for the rejection of the claim and advise the claimant of their right to appeal the claim to the Office Director for the Office of Resource Conservation and Recovery.	264.1316(b)(3)(ii)						
Fee dispute claimants that are not satisfied by the response to their claim from the system’s billing representatives may appeal their claim and initial decision to the Office Director for the Office of Resource Conservation and Recovery.	264.1316(c)						
Any appeal from the initial decision of the system’s billing representatives must be taken within 10 days of the initial decision of the system’s billing representatives under paragraph (b) of this section.	264.1316(c)(1)						
The claimant shall provide the Office Director with the claim materials submitted to the system’s billing representatives, the response provided by the system’s billing representatives to the claim, and a brief written statement by the claimant explaining the nature and amount of the billing error, explaining why the claimant believes the decision by the system’s billing representatives is in error, and why the claimant is entitled to the relief requested on its appeal.	264.1316(c)(2)						
The Office Director shall review the record presented to him or her on an appeal under this paragraph (c), and shall determine whether the claimant is entitled to relief from the invoice alleged to be in error, and if so, shall state the amount of the recalculated invoice and the amount of the invoice to be adjusted.	264.1316(c)(3)						
The decision of the Office Director on any appeal brought under this section is final and non-reviewable.	264.1316(c)(4)						
Part 265 – Interim status standards for owners and operators of hazardous waste, treatment, storage, and disposal facilities	
Subpart e – manifest system, recordkeeping, and reporting	
If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his agent must:	265.71(a)(2)						
Sign and date each copy of the manifest;	265.71(a)(2)(i)						
Note any discrepancies (as defined in § 265.72(a)) on each copy of the manifest;	265.71(a)(2)(ii)						
Immediately give the transporter at least one copy of the manifest;	265.71(a)(2)(iii)						
Within 30 days of delivery, send a copy (Page 2) of the manifest to the generator;	265.71(a)(2)(iv)						
Paper manifest submission requirements are:	265.71(a)(2)(v)	States must not change the language in this provision.  					
Options for compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper manifest and any paper continuation sheet to the EPA’s e-Manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or both a data file and image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made at the mailing address or electronic mail/submission address specified at the e-Manifest program website’s directory of services. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-Manifest.	265.71(a)(2)(v)(A)	States must not change the language in this provision.  					
Options for compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to submit the top copy (Page 1) of the paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing may be met by the owner or operator only by transmitting to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or by transmitting to the EPA system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made to the electronic mail/submission address specified at the e-Manifest program website’s directory of services; and	265.71(a)(2)(v)(B)	States must not change the language in this provision.  					
Retain at the facility a copy of each manifest for at least three years from the date of delivery.	265.71(a)(2)(vi)	States must not change the language in this provision.  					
Imposition of user fee for electronic manifest use.	265.71(j)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.					
As prescribed in § 265.1311, and determined in § 265.1312, an owner or operator who is a user of the electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in § 265.1313.	265.71(j)(1)	States which adopt this provision with its explicit references to specific subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.

States must not change the language in this provision.  					
An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of § 265.1314, subject to the informal fee dispute resolution process of § 265.1316, and subject to the sanctions for delinquent payments under § 265.1315.	265.71(j)(2)	States which adopt this provision with its explicit references to subpart FF provisions do not need to adopt the detailed Part 264 and 265 Subpart FF fee provisions.					
add new paragraph (l) to read: Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) shown on the manifest.	265.71(l)	States must not change the language in this provision.  					
Interested persons must make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web based service provided in e-Manifest for such corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.	265.71(l)(1)						
Each correction submission must include the following information:	265.71(l)(2)						
The Manifest Tracking Number and date of receipt by the facility of the original manifest(s) for which data are being corrected;	265.71(l)(2)(i)						
The item number(s) of the original manifest that is the subject of the submitted correction(s); and	265.71(l)(2)(ii)						
For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.	265.71(l)(2)(iii)						
Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his or her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete:	265.71(l)(3)						
The certification statement must be executed with a valid electronic signature; and	265.71(l)(3)(i)						
A batch upload of data corrections may be submitted under one certification statement.	265.71(l)(3)(ii)						
Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter’s corrections.	265.71(l)(4)						
Other interested persons shown on the manifest may respond to the submitter’s corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in paragraph (l)(3) of this section, and with notice of the corrections to other interested persons shown on the manifest.	265.71(l)(5)						
In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at 40 CFR 264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.	265.1087(c)(4)(i)						
In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at 40 CFR 264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.	265.1087(d)(4)(i)						
See Endnote 4      SUBPART FF—FEES FOR THE ELECTRONIC HAZARDOUS WASTE MANIFEST PROGRAM	

Add new Subpart FF to part 265 as follows: Subpart FF—Fees for the Electronic Hazardous Waste Manifest Program	265 Subpart FF	States cannot be authorized to implement or enforce any of the Subpart FF requirements.  States may not change any language in this Subpart.					
Add Heading: Applicability.	265.1300						
This subpart prescribes:	265.1300(a)						
The methodology by which EPA will determine the user fees which owners or operators of facilities must pay for activities and manifest related services provided by EPA through the development and operation of the electronic hazardous waste manifest system (e-Manifest system); and	265.1300(a)(1)						
The process by which EPA will revise e-Manifest system fees and provide notice of the fee schedule revisions to owners or operators of facilities.	265.1300(a)(2)						
The fees determined under this subpart apply to owners or operators of facilities whose activities receiving, rejecting, or managing federally- or state-regulated hazardous wastes or other materials bring them within the definition of “user of the electronic manifest system” under § 260.10 of this chapter.	265.1300(b)						
Add Heading: Definitions applicable to this subpart.	265.1310 						
The following definitions apply to this subpart:	265.1310 introductory text						
Consumer price index means the consumer price index for all U.S. cities using the “U.S. city average” area, “all items" and “not seasonally adjusted” numbers calculated by the Bureau of Labor Statistics in the Department of Labor.	265.1310 “Consumer price index”						
Cross Media Electronic Reporting Rule (CROMERR) costs are the sub-category of operations and maintenance costs that are expended by EPA in implementing electronic signature, user registration, identity proofing, and copy of record solutions that meet EPA’s electronic reporting regulations as set forth in the CROMERR as codified at 40 CFR part 3.	265.1310 “Cross Media Electronic Reporting Rule (CROMERR) costs”						
Electronic manifest submissions means manifests that are initiated electronically using the electronic format supported by the e-Manifest system, and that are signed electronically and submitted electronically to the e-Manifest system by facility owners or operators to indicate the receipt or rejection of the wastes identified on the electronic manifest. Electronic manifest submissions include the hybrid or mixed paper/electronic manifests authorized under § 262.24(c)(1).	265.1310 “Electronic manifest submissions”						
EPA program costs mean the Agency’s intramural and non-information technology extramural costs expended in the design, development and operations of the e-Manifest system, as well as in regulatory development activities supporting e-Manifest, in conducting its capital planning, project management, oversight and outreach activities related to e-Manifest, in conducting economic analyses supporting e-Manifest, and in establishing the System Advisory Board to advise EPA on the system. Depending on the date on which EPA program costs are incurred, these costs may be further classified as either system setup costs or operations and maintenance costs.	265.1310 “EPA program costs”						
Help desk costs mean the costs incurred by EPA or its contractors to operate the e-Manifest Help Desk, which EPA will establish to provide e-Manifest system users with technical assistance and related support activities.	265.1310 “Help desk costs”						
Indirect costs mean costs not captured as marginal costs, system setup costs, or operations and maintenance costs, but that are necessary to capture because of their enabling and supporting nature, and to ensure full cost recovery. Indirect costs include, but are not limited to, such cost items as physical overhead, maintenance, utilities, and rents on land, buildings, or equipment. Indirect costs also include the EPA costs incurred from the participation of EPA offices and upper management personnel outside of the lead program office responsible for implementing the e-Manifest program.	265.1310 “Indirect costs”						
Manifest submission type means the type of manifest submitted to the e-Manifest system for processing, and includes electronic manifest submissions and paper manifest submissions.	265.1310 “Manifest submission type”						
Marginal labor costs mean the human labor costs incurred by staff operating the paper manifest processing center in conducting data key entry, QA, scanning, copying, and other manual or clerical functions necessary to process the data from paper manifest submissions into the e-Manifest system’s data repository.	265.1310 “Marginal labor costs”						
Operations and maintenance costs mean all system related costs incurred by EPA or its contractors after the activation of the e-Manifest system. Operations and maintenance costs include the costs of operating the electronic manifest information technology system and data repository, CROMERR costs, help desk costs, EPA program costs incurred after e-Manifest system activation, and the costs of operating the paper manifest processing center, other than the paper processing center’s marginal labor costs.	265.1310 “Operations and maintenance costs”						
Paper manifest submissions mean submissions to the paper processing center of the e-Manifest system by facility owners or operators, of the data from the designated facility copy of a paper manifest, EPA Form 8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such submissions may be made by mailing the paper manifests or continuation sheets, by submitting image files from paper manifests or continuation sheets in accordance with § 265.1311(b), or by submitting both an image file and data file in accordance with the procedures of § 265.1311(c).	265.1310 “Paper manifest submissions”						
System setup costs mean all system related costs, intramural or extramural, incurred by EPA prior to the activation of the e-Manifest system. Components of system setup costs include the procurement costs from procuring the development and testing of the e-Manifest system, and the EPA program costs incurred prior to e-Manifest system activation.	265.1310 “System setup costs”						
Add Heading: Manifest transactions subject to fees.	265.1311						
Per manifest fee. Fees shall be assessed on a per manifest basis for the following manifest submission transactions:	265.1311(a)						
The submission of each electronic manifest that is electronically signed and submitted to the e-Manifest system by the owners or operators of receiving facilities, with the fee assessed at the applicable rate for electronic manifest submissions;	265.1311(a)(1)						
The submission of each paper manifest submission to the paper processing center signed by owners or operators of receiving facilities, with the fee assessed according to whether the manifest is submitted to the system by mail, by the upload of an image file, or by the upload of a data file representation of the paper manifest; and	265.1311(a)(2)						
The submission of copies of return shipment manifests by facilities that are rejecting hazardous wastes and returning hazardous wastes under return manifests to the original generator. This fee is assessed for the processing of the return shipment manifest(s), and is assessed at the applicable rate determined by the method of submission. The submission shall also include a copy of the original signed manifest showing the rejection of the wastes.	265.1311(a)(3)						
Image file uploads from paper manifests. Receiving facilities may submit image file uploads of completed, ink-signed manifests in lieu of submitting mailed paper forms to the e-Manifest system. Such image file upload submissions may be made for individual manifests received by a facility or as a batch upload of image files from multiple paper manifests received at the facility:	265.1311(b)						
The image file upload must be made in an image file format approved by EPA and supported by the e-Manifest system; and	265.1311(b)(1)						
At the time of submission of an image file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative’s knowledge or belief, the submitted image files are accurate and complete representations of the facility’s received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission.	265.1311(b)(2)						
Data file uploads from paper manifests. Receiving facilities may submit data file representations of completed, ink-signed manifests in lieu of submitting mailed paper forms or image files to the e-Manifest system. Such data file submissions from paper manifests may be made for individual manifests received by a facility or as a batch upload of data files from multiple paper manifests received at the facility.	265.1311(c)						
The data file upload must be made in a data file format approved by EPA and supported by the e-Manifest system;	265.1311(c)(1)						
The receiving facility must also submit an image file of each manifest that is included in the individual or batch data file upload; and	265.1311(c)(2)						
At the time of submission of the data file upload, a responsible representative of the receiving facility must make a CROMERR compliant certification that to the representative’s knowledge or belief, the data and images submitted are accurate and complete representations of the facility’s received manifests, and that the facility acknowledges that it is obligated to pay the applicable per manifest fee for each manifest included in the submission.	265.1311(c)(3)						
Add Heading: User fee calculation methodology.	265.1312						
The fee calculation formula or methodology that EPA will use initially to determine per manifest fees is as follows:	265.1312(a)						

 + 

Where Feei represents the per manifest fee for each manifest submission type “i” and Nt refers to the total number of manifests completed in a year.	
If after four years of system operations, electronic manifest usage does not equal or exceed 75% of total manifest usage, EPA may transition to the following formula or methodology to determine per manifest fees:	265.1312(b)(1)						

 + 

 + 

Where Ni refers to the total number of one of the four manifest submission types “i” completed in a year and O&Mi Cost refers to the differential O&M Cost for each manifest submission type “i.”	
At the completion of four years of system operations, EPA shall publish a notice:	265.1312(b)(2)						
Stating the date upon which the fee formula set forth in paragraph (b)(1) of this section shall become effective; or	265.1312(b)(2)(i)						
Stating that the fee formula in paragraph (b)(1) of this section shall not go into effect under this section, and that the circumstances of electronic manifest adoption and the appropriate fee response shall be referred to the System Advisory Board for the Board’s advice.	265.1312(b)(2)(ii)						
Add Heading: User fee revisions.	265.1313						
Revision schedule.	265.1313(a)						
EPA will revise the fee schedules for e-Manifest submissions and related activities at two-year intervals, by utilizing the applicable fee calculation formula prescribed in § 264.1312 and the most recent program cost and manifest usage numbers.	265.1313(a)(1)						
The fee schedules will be published to users through the e-Manifest program web site by July 1 of each odd numbered calendar year, and will cover the two fiscal years beginning on October 1 of that year and ending on September 30 of the next odd numbered calendar year.	265.1313(a)(2)						
Inflation adjuster. The second year of each two-year fee schedule shall be adjusted for inflation by using the following adjustment formula:	265.1313(b)						
FeeiYear 2 = FeeiYear1 X (CPIYear2-2/CPIYear2-1)
Where:
FeeiYear2 is the Fee for each type of manifest submission “i” in Year 2 of the fee cycle;
FeeiYear1 is the Fee for each type of manifest submission “i” in Year 1 of the fee cycle; and
      CPIYear2-2/CPIYear2-1 is the ratio of the CPI published for the year two years prior to Year 2 to the CPI for the year one year prior to Year 2 of the cycle.	
Revenue recovery adjusters. The fee schedules published at two-year intervals under this section shall include an adjustment to recapture revenue lost in the previous two-year fee cycle on account of imprecise estimates of manifest usage. This adjustment shall be calculated using the following adjustment formula to calculate a revenue recapture amount which will be added to O&M Costs in the fee calculation formula of § 265.1312:	265.1313(c)						
Revenue Recapturei = (NiYear1 + NiYear2)Actual -- (NiYear1 + NiYear2)Est X Feei(Ave) 
Where:
Revenue Recapturei is the amount of fee revenue recaptured for each type of manifest submission “i;”
(NiYear1 + NiYear2)Actual -- (NiYear1 + NiYear2)Est is the difference between actual manifest numbers submitted to the system for each manifest type during the previous 2-year cycle, and the numbers estimated when we developed the previous cycle’s fee schedule; and
      Feei(Ave) is the average fee charged per manifest type over the previous two-year cycle.	
Add heading: How to make user fee payments.	265.1314						
All fees required by this subpart shall be paid by the owners or operators of the receiving facility in response to an electronic invoice or bill identifying manifest-related services provided to the user during the previous month and identifying the fees owed for the enumerated services.	265.1314(a)						
All fees required by this subpart shall be paid to EPA by the facility electronically in U.S. dollars, using one of the electronic payment methods supported by the Department of the Treasury's Pay.gov online electronic payment service, or any applicable additional online electronic payment service offered by the Department of Treasury.	265.1314(b)						
All fees for which payments are owed in response to an electronic invoice or bill must be paid within 30 days of the date of the invoice or bill.	265.1314(c)						
Add heading: Sanctions for delinquent payments.	265.1315						
Interest. In accordance with 31 U.S.C. 3717(a)(1), delinquent e-Manifest user fee accounts shall be charged a minimum annual rate of interest equal to the average investment rate for Treasury tax and loan accounts (Current Value of Funds Rate or CVFR) for the 12-month period ending September 30th of each year, rounded to the nearest whole percent.	265.1315(a)						
E-Manifest user fee accounts are delinquent if the accounts remain unpaid after the due date specified in the invoice or other notice of the fee amount owed.	265.1315(a)(1)						
Due dates for invoiced or electronically billed fee amounts shall be 30 days from the date of the electronic invoice or bill.	265.1315(a)(2)						
Financial penalty. In accordance with 31 U.S.C. 3717(e), e-Manifest user fee accounts that are more than 90 days past due (i.e., not paid by date 120 days from date of invoice) shall be charged an additional penalty of 6% per year assessed on any part of the debt that is past due for more than 90 days, plus any applicable handling charges.	265.1315(b)						
Compliance with manifest perfection requirement. A manifest is fully perfected when:	265.1315(c)						
The manifest has been submitted by the owner or operator of a receiving facility to the e-Manifest system, as either an electronic submission or a paper manifest submission; and	265.1315(c)(1)						
All user fees arising from the submission of the manifest have been fully paid.	265.1315(c)(2)						
Add Heading: Informal fee dispute resolution.	265.1316						
Users of e-Manifest services that believe their invoice or charges to be in error must present their claims for fee dispute resolution informally using the process described in this section.	265.1316(a)						
Users asserting a billing dispute claim must first contact the system’s billing representatives by phone or email at the phone number or email address provided for this purpose on the e-Manifest program’s web site or other customer services directory.	265.1316(b)						
The fee dispute claimant must provide the system’s billing representatives with information identifying the claimant and the invoice(s) that are affected by the dispute, including:	265.1316(b)(1)						
The claimant's name, and the facility at which the claimant is employed;	265.1316(b)(1)(i)						
The EPA Identification Number of the affected facility;	265.1316(b)(1)(ii)						
The date, invoice number, or other information to identify the particular invoice(s) that is the subject of the dispute; and	265.1316(b)(1)(iii)						
A phone number or email address where the claimant can be contacted.	265.1316(b)(1)(iv)						
The fee dispute claimant must provide the system’s billing representatives with sufficient    supporting information to identify the nature and amount of the fee dispute, including:	265.1316(b)(2)						
If the alleged error results from the types of manifests submitted being inaccurately described in the invoice, the correct description of the manifest types that should have been billed;	265.1316(b)(2)(i)						
If the alleged error results from the number of manifests submitted being inaccurately described in the invoice, the correct description of the number of manifests that should have been billed;	265.1316(b)(2)(ii)						
If the alleged error results from a mathematical error made in calculating the amount of the invoice, the correct fee calculations showing the corrected fee amounts; and	265.1316(b)(2)(iii)						
Any other information from the claimant that explains why the invoiced amount is in error and what the fee amount invoiced should be if corrected.	265.1316(b)(2)(iv)						
EPA's system billing representatives must respond to billing dispute claims made under this section within ten days of receipt of a claim. In response to a claim, the system's billing representative will:	265.1316(b)(3)						
State whether the claim is accepted or rejected, and if accepted, the response will indicate the amount of any fee adjustment that will be refunded or credited to the facility; and	265.1316(b)(3)(i)						
If a claim is rejected, then the response shall provide a brief statement of the reasons for the rejection of the claim and advise the claimant of their right to appeal the claim to the Office Director for the Office of Resource Conservation and Recovery.	265.1316(b)(3)(ii)						
Fee dispute claimants that are not satisfied by the response to their claim from the system’s billing representatives may appeal their claim and initial decision to the Office Director for the Office of Resource Conservation and Recovery.	265.1316(c)						
Any appeal from the initial decision of the system’s billing representatives must be taken within 10 days of the initial decision of the system’s billing representatives under paragraph (b) of this section.	265.1316(c)(1)						
The claimant shall provide the Office Director with the claim materials submitted to the system’s billing representatives, the response provided by the system’s billing representatives to the claim, and a brief written statement by the claimant explaining the nature and amount of the billing error, explaining why the claimant believes the decision by the system’s billing representatives is in error, and why the claimant is entitled to the relief requested on its appeal.	265.1316(c)(2)						
The Office Director shall review the record presented to him or her on an appeal under this paragraph (c), and shall determine whether the claimant is entitled to relief from the invoice alleged to be in error, and if so, shall state the amount of the recalculated invoice and the amount of the invoice to be adjusted.	265.1316(c)(3)						
The decision of the Office Director on any appeal brought under this section is final and non-reviewable.	265.1316(c)(4)						

Endnotes:

1	States must retain the term “EPA” within this provision.

2.	These provisions were added by the February 7, 2014 Manifest rule (79 FR 7518, Checklist 231), but are now being removed in this rule.

3.	This provision was promulgated under non-HSWA authority.

4.	States which adopt section 264.71(j) and 265.71(j) do not need to adopt the Part 264 and 265 Subpart FF fee provisions. States which adopt Subpart FF, must not change any language in the Subpart.

5. 	EPA added § 260.5 to the federal regulations to ensure that receiving facilities that are not RCRA permitted TSDFs per 40 CFR part 264/265 will understand that they have responsibilities under federal regulations to submit final manifest copies to the system and pay the applicable fees. State programs may not need to make any modifications to their programs to adopt this regulation if all their state-regulated waste facilities would be subject to their state law counterparts to 40 CFR 264.71(a)(2) and 264.72(j).