40 CFR § 264.1313 - User fee revisions.
---
identifier: "/us/cfr/t40/s264.1313"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 264.1313 - User fee revisions."
title_number: 40
title_name: "Protection of Environment"
section_number: "264.1313"
section_name: "User fee revisions."
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"
---
# 264.1313 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:
Fee*i*<sub>Year2</sub> = Fee*i*<sub>Year1</sub> × (CPI<sub>Year2-2</sub>/CPI<sub>Year2-1</sub>)
Where:
Fee*i*<sub>Year2</sub> is the Fee for each type of manifest submission *“i”* in Year 2 of the fee cycle;
Fee*i*<sub>Year1</sub> is the Fee for each type of manifest submission *“i”* in Year 1 of the fee cycle; and
CPI<sub>Year2-2</sub>/CPI<sub>Year2-1</sub> 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 Recapture<sub>i</sub> = (N<sub>iYear1</sub> + N<sub>iYear2</sub>)<sub>Actual</sub> − (N<sub>iYear1</sub> + N<sub>iYear2</sub>)<sub>Est</sub> × Fee<sub>i(Ave)</sub>
Where:
Revenue Recapture<sub>i</sub> is the amount of fee revenue recaptured for each type of manifest submission “*i;”*
(N<sub>iYear1</sub> + N<sub>iYear2</sub>)<sub>Actual</sub> − (N<sub>iYear1</sub> + N<sub>iYear2</sub>)<sub>Est</sub> 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
Fee<sub>i(Ave)</sub> is the average fee charged per manifest type over the previous two-year cycle.