Former EPA Administrator, Scott Pruitt, signed the e-Manifest User Fee Final Rule on December 20, 2017 and it was published in the Federal Register (FR) on January 3, 2018.
The final rule establishes the methodology that EPA will use in setting and revising user fees in order to recover the full costs of the electronic manifest 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 on June 30, 2018.
The e-Manifest user fee final rule notice addresses several key issues:
- Who must pay e-Manifest user fees;
- What types of transactions give rise to fees;
- What formula is EPA using to set fees;
- What the available options are for users to make their fee payments;
- What process EPA will follow to revise user fees; and
- What the sanctions are for non-payment.
EPA is also tailoring user fees according to whether manifests are submitted electronically or via paper to reflect the varying processing costs of these options. This action also finalizes several amendments to the regulations governing the use of electronic hazardous waste manifests and the completion of manifests.