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EPA proposes e-Manifest User Fee rule.

On July 26, the U.S. EPA published in the Federal Register its new proposed rule for e-Manifest User Fees. The Hazardous Waste Electronic Manifest Establishment Act authorizes the agency to impose reasonable fees on manifest users as EPA determines it is necessary to pay costs incurred in developing and maintaining the system. After the implementation date for the e-Manifest system, certain users of the hazardous waste manifest would be required to pay a prescribed fee for each electronic and paper manifest they use and submit to the system for EPA to recover its costs of developing and operating the national e-Manifest system.

The proposed rule, which establishes the fee formula and methodology for implementing a user fee, is the first step in the regulatory process to establish user fees. EPA is accepting comments on its proposed rule through September 26, 2016.

This action also proposes several amendments to the regulations governing the use of electronic hazardous waste manifests and the completion of manifests. These amendments propose to: (1) change EPA's longstanding regulations regarding transporter changes to shipment routing information on the manifest during transportation; (2) specify a process by which receiving facilities may submit manifest data corrections to the e-Manifest system, and (3) modify a provision of the current electronic manifest use requirements that precludes the use of mixed electronic and paper manifests by those users desiring to make use of electronic manifests in settings where not all users are able to participate electronically.

This proposed rule addresses several key questions related to the implementation of user fees, including:

Which users of manifests and manifest data will be charged user fees?

EPA wanted to limit the fee to users of the system that are required by regulations to use hazardous waste manifests to track their waste shipments (those who would use the manifest system for information would not be charged). EPA further narrowed the fee obligation to the approximately 400 receiving facilities (TSDFs) that receive waste from off-site for management.

How will users be expected to pay their owed fees?

Users will submit electronic payments through two options for (1) when the manifest is submitted, or (2) advance pay system by estimating how many manifests will be submitted in a given year.

Which model or formula will EPA rely upon for the determination of users' fees?

The manifest system for the year divided by the total number of manifests EPA estimates will be submitted. There are different types of manifests with varying associated data entry/management operational costs, so fee will also depend on the type of manifest being submitted (e.g., a scan of a paper manifest will cost more than a manifest that has been electronic throughout the management of the hazardous waste).

How will the rule address fee trajectory and fee schedule revisions?

EPA will adjust for inflation and misestimates of the previous year.

What sanctions are being proposed to induce prompt payment of user fees?

EPA will establish a four-tier set of ratcheting sanctions; the later the payment, the more severe the penalty (four tiers).

Additionally, the proposed rule addresses several regulatory amendments related to the use of electronic manifests and the completion of manifests. These additional regulatory proposals are not user-fee related, and include the following:

* a proposal that would allow certain changes to the routing of a hazardous waste shipment indicated on the manifest, while the shipment is in transportation;

* a proposal that would allow hazardous waste receiving facilities to make corrections electronically to previously submitted manifest data; and

* a proposal that would allow a manifest user, in certain instances, to execute and use a hazardous waste manifest that combines the use of a paper manifest with the use of an electronic manifest.

EPA has created a list of FAQ on its proposed rule: https://

Contact ACA's Javaneh Nekoomaram ( for more information.
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Title Annotation:ACA Issues In-Depth
Publication:JCT CoatingsTech
Date:Sep 1, 2016
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