EPA Publishes User Fees for Electronic Hazardous Waste Management System and Amendments to Manifest Regulations

On July 26, 2016, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing user fees for its electronic hazardous waste management system and amendments to manifest regulations.

The EPA is proposing its user fee methodology applicable to electronic and paper manifests submitted to the national electronic manifest system (or e-Manifest system) that is being established by EPA under the Hazardous Waste Electronic Manifest Establishment Act.  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 in order for EPA to recover its costs of developing and operating the national e-Manifest system.  The final rule that EPA develops in response to public comments on this action’s proposed fee methodology will include the final fee methodology.  In addition, EPA will include the initial fee schedule and the implementation date for the e- Manifest system in the preamble to the final rule.

EPA is also proposing several amendments to the regulations governing the use of electronic hazardous waste manifests and the completion of manifests.  These amendments propose:

  •   to change EPA’s longstanding regulations regarding transporter changes to shipment routing information on the manifest during transportation;
  •   to specify a process by which receiving facilities may submit manifest data corrections to the e- Manifest system; and,
  •   to 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.

EPA’s action is expected to result in net cost savings amounting to $34 million per year when discounted at 7% and annualized over 6 years.

Comments must be received on or before September 26, 2016.  Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of stakeholder comments on or before August 25, 2016.

For this rule, EPA is requesting comments be submitted electronically on a comment platform being piloted at https://epa- notice.usa.gov.  Alternatively, stakeholders may choose to submit comments by postal mail or electronically through Regulations.gov.  For comments submitted via postal mail or Regulations.gov, EPA is further requesting comments be submitted using comment headings.

The EPA notice was published at 81 Federal Register 49,072 dated July 26, 2016.

For further information, please contact Richard LaShier of EPA’s Office of Resource Conservation and Recovery via phone at (703) 308– 8796 or via email at lashier.rich@epa.gov, or Bryan Groce of EPA’s Office of Resource Conservation and Recovery via phone at (703) 308–8750 or via email at groce.bryan@epa.gov.