September 17, 2019

e-Manifest User Fee Increases Explained

As explained in a previous article, e-manifest fees will be increasing for the next two fiscal years. The Office of Resource Conservation and Recovery has provided a supporting memorandum, RO 14914, to describe how the new user fees were calculated. Perhaps most importantly, June 30, 2021 is mentioned as the ultimate termination date for mailed paper manifests (i.e., no more mailed-in paper manifests will be accepted).

Authorized under the 2012 “e-Manifest Act,” EPA developed the user fee formula based on three different series of costs: system setup costs, operations and maintenance costs, and indirect costs. The calculated fee is then adjusted based on inflation and revenue recovery needs. The equations for making those calculations are specified in §§264/265.1312 and 264/265.1313. Once the user fee model results are obtained, EPA may make a final adjustment. For example, the latest fee increases were adjusted to provide greater incentive for using e-manifests.

The agency also noted that an over-estimate in the number of submitted manifests for the past year resulted in a disproportionately high fixed cost of operating the Paper Processing Center (PPC) relative to the revenue from manifest submittals. The PPC is responsible for ensuring data entered into the e-manifest system is correct. Renegotiated PPC contract terms coupled with the new FY2020-2021 fee calculations resulted in the new final user fees ranging from $8.00 per electronic manifest to $25.00 per paper manifest.

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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.