EPA proposes methodology for setting and revising user fees for hazardous waste electronic manifest system

The U.S. Environmental Protection Agency (EPA) has announced the issuing of a proposed rule on the Agency’s methodology for setting and revising user fees for the hazardous waste electronic manifest (“e-Manifest”) system. According to the EPA, this is a crucial step in the development of a national system in the United States for tracking hazardous waste shipments electronically. The e-Manifest system will improve access to higher quality and more timely shipment data and will significantly reduce burden associated with the current paper system.

The proposed rule requests comment on the user fee methodology, including several key considerations:
• who must pay e-Manifest user fees;
• the types of transactions that will give rise to fees;
• the formula that will be used to set fees;
• options for making fee payments;
• the process EPA will use to revise fees; and
• the possible sanctions for non-payment.

EPA is also proposing to tailor user fees according to whether manifests are submitted electronically or via paper to reflect the varying processing costs of these options. This proposal will be open for public comment for 60 days following publication in the Federal Register.

EPA is partnering with the General Services Administration to pilot a new platform for submitting comments on this rule (https://epa-notice.usa.gov/). The platform is designed to assist readers in understanding the rule and proposed regulatory changes, as well as to assist EPA in collecting comments that are automatically tagged and indexed to rulemaking topics, for ease of analysis and response. Information on the pilot can be found in the Federal Register notice for the proposed rule, as well as on EPA’s e-Manifest proposed rule webpage, at https://www.epa.gov/hw/proposed-rule-user-fees-electronic-hazardous-waste-manifest-system-e-manifest-and-amendments.