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Title 40

Displaying title 40, up to date as of 9/23/2021. Title 40 was last amended 9/23/2021.

Title 40

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§ 264.1313 User fee revisions.

(a) Revision schedule.

(1) EPA will revise the fee schedules for e-Manifest submissions and related activities at two-year intervals, by utilizing the applicable fee calculation formula prescribed in § 264.1312 and the most recent program cost and manifest usage numbers.

(2) The fee schedules will be published to users through the e-Manifest program website by July 1 of each odd numbered calendar year, and will cover the two fiscal years beginning on October 1 of that year and ending on September 30 of the next odd numbered calendar year.

(b) Inflation adjuster. The second year of each two-year fee schedule shall be adjusted for inflation by using the following adjustment formula:

FeeiYear2 = FeeiYear1 × (CPIYear2-2/CPIYear2-1)

Where:

FeeiYear2 is the Fee for each type of manifest submission “i” in Year 2 of the fee cycle;

FeeiYear1 is the Fee for each type of manifest submission “i” in Year 1 of the fee cycle; and

CPIYear2-2/CPIYear2-1 is the ratio of the CPI published for the year two years prior to Year 2 to the CPI for the year one year prior to Year 2 of the cycle.

(c) Revenue recovery adjusters. The fee schedules published at two-year intervals under this section shall include an adjustment to recapture revenue lost in the previous two-year fee cycle on account of imprecise estimates of manifest usage. This adjustment shall be calculated using the following adjustment formula to calculate a revenue recapture amount which will be added to O&M Costs in the fee calculation formula of § 264.1312:

Revenue Recapturei = (NiYear1 + NiYear2)Actual − (NiYear1 + NiYear2)Est × Feei(Ave)

Where:

Revenue Recapturei is the amount of fee revenue recaptured for each type of manifest submission “i;”

(NiYear1 + NiYear2)Actual − (NiYear1 + NiYear2)Est is the difference between actual manifest numbers submitted to the system for each manifest type during the previous 2-year cycle, and the numbers estimated when we developed the previous cycle's fee schedule; and

Feei(Ave) is the average fee charged per manifest type over the previous two-year cycle.