40 CFR § 264.1312 - User fee calculation methodology.

---
identifier: "/us/cfr/t40/s264.1312"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 264.1312 - User fee calculation methodology."
title_number: 40
title_name: "Protection of Environment"
section_number: "264.1312"
section_name: "User fee calculation methodology."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "264"
part_name: "STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6905, 6912(a), 6924, 6925, and 6939g."
regulatory_source: "45 FR 33221, May 19, 1980, unless otherwise noted."
cfr_part: "264"
---


# 264.1312 User fee calculation methodology.

(a) The fee calculation formula or methodology that EPA will use initially to determine per manifest fees is as follows:

Where *Fee*<sub>i</sub> represents the per manifest fee for each manifest submission type “i” and *N*<sub>t</sub> refers to the total number of manifests completed in a year.

(b)(1) If after four years of system operations, electronic manifest usage does not equal or exceed 75% of total manifest usage, EPA may transition to the following formula or methodology to determine per manifest fees:

Where *N*<sub>i</sub> refers to the total number of one of the four manifest submission types “*i*” completed in a year and *O&M*<sub>i</sub> *Cost* refers to the differential O&M Cost for each manifest submission type “*i.*”

(2) At the completion of four years of system operations, EPA shall publish a notice:

(i) Stating the date upon which the fee formula set forth in paragraph (b)(1) of this section shall become effective; or

(ii) Stating that the fee formula in paragraph (b)(1) of this section shall not go into effect under this section, and that the circumstances of electronic manifest adoption and the appropriate fee response shall be referred to the System Advisory Board for the Board's advice.

[83 FR 454, Jan. 3, 2018, as amended at 89 FR 60731, July 26, 2024]