# Title 40

## SECTION 265.1313

### 265.1313 User fee revisions.

§ 265.1313 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 § 265.1312 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 next two fiscal years beginning on October 1 of that year and ending on September 30 of the next odd numbered year.

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

*i*Year 2 = Fee

*i*Year1 × (CPIYear2-2/CPIYear2-1) Where: Fee

*i*Year2 is the Fee for each type of manifest submission

*“i*” in Year 2 of the fee cycle; Fee

*i*Year1 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 § 265.1312:

*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.