[Senate Report 112-20]
[From the U.S. Government Publishing Office]
Calendar No. 72
112th Congress Report
SENATE
1st Session 112-20
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HAZARDOUS WASTE ELECTRONIC MANIFEST ESTABLISHMENT ACT
_______
June 7, 2011.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 710]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 710) to amend the Solid Waste Disposal
Act to direct the Administrator of the Environmental Protection
Agency to establish a hazardous waste electronic manifest
system, having considered the same, reports favorably thereon
without amendment and recommends the bill do pass.
Purpose and Summary of the Legislation
The purpose of the bill is to direct the Administrator of
the Environmental Protection Agency to establish a hazardous
waste electronic manifest system to track the cradle-to-grave
management of hazardous waste under the Resource Conservation
and Recovery Act (42 U.S.C. Sec. 6901 et seq.).
Background and Need for the Legislation
In 1976 Congress passed the Resource Conservation and
Recovery Act (42 U.S.C. Sec. 6901 et seq.) (RCRA) that, among
other things, established a federal program to regulate solid
and hazardous waste management. In addition to defining solid
and hazardous waste, Congress required the Administrator of the
Environmental Protection Agency (EPA) to establish ``such
standards, applicable to generators of hazardous waste
identified of listed under [RCRA], as may be necessary to
protect human health and the environment.'' One such
requirement that Congress mandated was the ``use of a manifest
system and any other reasonable means necessary to assure that
all such hazardous waste generated is designated for treatment,
storage or disposal in, and arrives at, treatment, storage, or
disposal facilities . . . for which a permit has been issued. .
.'' This law ensures that hazardous wastes are safely managed
from ``cradle to grave.''
Beginning in 1980, EPA required the use of a paper manifest
system to track federally-regulated hazardous wastes from their
point of generation, along their transportation routes, to the
place of final treatment, storage, or disposal. The paper
manifest is a tool that requires each entity that handles the
waste to sign and retain a copy of the manifest as the waste is
transported. The paper manifest is currently comprised of six
carbon-copies that must be filled out and signed by each person
that handles the waste. Copies of the manifest must not only
accompany the waste as it is transported but must be mailed to
generators and state agencies and kept on-file by each
regulated entity.
The manifest system also provides information that the
Department of Transportation (DOT) requires whenever a person
offers, transports, transfers, or delivers hazardous waste. As
a form of DOT required ``shipping paper'', the manifest conveys
essential information needed if an emergency occurs during the
transportation of hazardous waste, specifically the proper
shipping name, hazard class, and phone numbers that enable
responders to obtain additional information, when necessary.
These information requirements negated the need of having
another set of separate papers, namely a DOT shipping paper.
The essential aspect of the manifest system is to ensure
there is a traceable record showing who is in the control of
the hazardous waste at any given time and where the hazardous
waste is destined for its ultimate disposition. In general, the
manifest also identifies the waste's toxicity and quantity.
This information is indispensable in the case of an emergency
or release of hazardous waste. It also provides emergency
response personnel with information on the hazardous waste's
potential to threaten human health and the environment.
The EPA estimates the paperwork burden on states and
private entities from manifests at between $193 million to over
$400 million annually. However, EPA has not estimated the
quantifiable and unquantifiable benefits that flow from having
a reliable tracking system for hazardous waste that maintains
accountability, provides information for the recovery of
cleanup costs, and helps inform first responders about the
threats and best steps to take to address dangerous chemical
spills.
In September 2006, EPA required all states to use one
Uniform Hazardous Waste Manifest. The Uniform Hazardous Waste
Manifest was designed to reduce the reporting burden for
generators, transporters, and other waste handlers who may have
been subject to several versions of waste tracking systems with
duplicate information. It also was designed to enable
generators and transporters to meet both Department of
Transportation and EPA regulatory requirements. Additionally,
the Uniform Hazardous Waste Manifest has state information
blocks, which allow states to require the entry of additional
specific information to serve their state's regulatory needs.
In 2001, EPA proposed certain revisions to the manifest
system, including the creation of a nearly paperless manifest
program. While EPA reports that some commenters disagreed with
the proposal, many stakeholders agreed that there was a need
for a centralized, consistent, secure, cost-effective, and web-
based service for manifests. Some of the potential benefits
that would come from such a national system would include
greater benefits to users and regulators, such as one-stop
reporting; more effective oversight and enforcement; nearly
real-time tracking of waste shipments; and potentially
increased efficiency of collecting and managing manifest data
and similar waste data collected for reporting purposes.
The EPA refined their draft approach in subsequent
stakeholder meetings, and later as part of regulatory proposals
in 2006 and 2008--which past legislative measures were based
upon to create such a system. In 2008, EPA stated that its
proposed rule for an electronic manifest system could affect up
to 223,000 entities in almost 600 industries involved in
shipping approximately 12 million tons of RCRA hazardous wastes
annually, using 5 million EPA Uniform Hazardous Waste
Manifests.
Summary of Major Provisions of the Bill
As a result of input from stakeholders and EPA, the bill
(S. 710) requires the Administrator to create a hazardous waste
electronic manifest system that may be used by any user of
manifests, and that meets certain goals.
The bill authorizes the Administrator to impose a fee on
the users of this hazardous waste electronic manifest system.
The bill authorizes the creation of a revolving fund, paid
for by the regulated community, to allow the Administrator to
pay for costs incurred in developing, operating, maintaining,
and upgrading the hazardous waste electronic manifest system.
The bill requires the Administrator to periodically report
on the financial status of the revolving fund to Congress and
the Inspector General of the EPA to provide an accounting of
the actual expenditures from the revolving fund.
The bill allows the Administrator to enter into one or more
contracts for the creation of a hazardous waste electronic
manifest system, so long as any such contract achieves certain
goals, including meeting the needs of the user community which
includes states that rely on data from manifests.
The bill requires the Administrator to create a Hazardous
Waste Electronic Manifest System Governing Board to evaluate
the effectiveness and make recommendations for improving the
manifest system.
The bill requires that facilities receiving hazardous waste
also report so that a state can track waste that was generated
in or shipped through the state.
Section-by-Section Analysis
Section 1. Short title
Hazardous Waste Electronic Manifest Establishment Act
Section 2. Hazardous Waste Electronic Manifest System
Contains definitions, directs the Administrator to
establish an electronic manifest system not later than three
years after the date of enactment of the Act, and allows the
Administrator to create user fees to pay for the costs of
developing, operating, maintaining, and upgrading the
electronic manifest system. The fees collected by the
Administrator can only be used to pay the necessary costs
incurred in developing, operating, maintaining, and upgrading
the system. The Administrator is authorized to adjust the fees
to cover current and projected system-related costs and to
minimize the accumulation of unused amounts of money in the
fund.
The section establishes a Hazardous Waste Electronic
Manifest System revolving fund to pay costs incurred in
developing, operating, maintaining, and upgrading the
electronic manifest system. It also sets out certain
requirements for investing and transferring fund resources, and
auditing and reporting requirements to ensure accountability.
Authorizes the Administrator to enter into contracts with
one or more information technology contracts with entities that
the Administrator deems appropriate and where the contractor
agrees to assume the initial risk of the information technology
investment and to obtain reimbursement for investment and
operating costs by receiving as payment an agreed-upon share of
amounts collected as fees by the Administrator.
Such contracts shall have a term of not more than ten years
and shall ensure, to the maximum extent practicable, that a
contract meets certain requirements, including the needs of the
user community, which includes states that rely on data
contained in manifests.
Not later than three years after the date of enactment of
the act, the Administrator must establish a Hazardous Waste
Electronic Manifest System Governing Board, which will assess
the effectiveness of the electronic manifest system and make
recommendations for improving the system. The Board must be
comprised of nine representatives, including individuals with
experience in information technology, users of the manifest
system in transporting hazardous waste, and state officials
with experience in processing manifests.
Not later than one year after enactment of this act, the
Administrator must promulgate regulations to implant the act.
The regulations must ensure that, to at least the same extent
as paper manifests under federal and state law, the electronic
manifests provide for the ability to track and maintain
accountability of the person who certified that the information
in the manifest is accurate and the person who acknowledges
receipt of the manifest. Similarly, the electronic manifest
must provide for state authority to access paper copies of
manifests and provide for the public's access to the
information contained in the manifest.
To ensure that states that track hazardous waste generated
or shipped through their borders can continue to do so under an
electronic manifest system, the facility that receives
hazardous waste shall complete a facility portion of a
manifest, sign and date a facility certification, and submit to
the electronic manifest system a final copy of the manifest for
inclusion in the system.
Legislative History, Committee Views and Votes
Committee Views
The Committee believes that the manifest system, which has
been in place for more than 20 years, provides one of the
essential foundations for protecting human health and the
environment from releases of hazardous waste. Manifests also
play a pivotal role in federal and state enforcement of such
safeguards. The Committee believes that the time has come to
ensure that EPA has the authority to implement a safe, secure,
and comprehensive electronic manifest system.
The Committee expects that the electronic manifest system
will significantly improve the management and enforcement of
hazardous waste programs by providing an integrated tracking
process that creates clear lines of accountability among the
participants in the hazardous waste system. It will serve,
together with the other requirements, to increase protections
for human health and the environment during the transportation
of hazardous waste by providing real-time information on the
waste to persons handling the waste and to emergency response
personnel.
The Committee also anticipates that electronic manifests
will expedite the processing and distribution of information
that is the foundation for EPA's recordkeeping, reporting, and
management requirements and the public's right to know about
the generation, transportation, and disposal of hazardous
waste. This system will conserve agency resources and help to
improve agencies' efficiency. The Committee also expects that
the electronic manifest will facilitate the enforcement of
protections for human health and the environment by increasing
the accuracy and accessibility of information on hazardous
waste. An electronic manifest system as envisioned by S. 710
could also produce homeland security benefits, with agencies
having faster access to reliable data.
The Committee expects that similar benefits will occur for
state safeguards. Twenty-three states regularly accept and use
manifests to protect public health and environmental quality,
reduce and prevent pollution and target inspections and
enforcement activities. The electronic manifest system will
help to ensure that these states are working with a modern
manifest system that enables them to better protect public
health and the environment. An electronic manifest system also
provides states that do not currently accept manifests with an
easy-to-use system of tracking hazardous waste within their
borders.
An electronic manifest system will further reduce reporting
burdens on entities that use the hazardous waste manifest
system. This modernized system should also reduce business'
costs associated with using manifests.
S. 710 establishes the outline for a centralized,
consistent, secure, cost-effective, and web-based service for
manifests that protects human health and the environment. The
on-going negotiations between EPA and state officials will
necessarily fill in many of the details needed to implement
this system. The Committee expects EPA to work closely with the
states and to address potential problems that could arise that
may impact protecting for human health and the environment,
enforcement of such protections, and the public availability of
information.
Legislative History
On September 7, 2006, Senator Thune introduced S. 3871, the
Hazardous Waste Electronic Manifest Establishment Act, which
was referred to the Senate Environment and Public Works
Committee. On September 28, 2006, the Committee on Environment
and Public Works' Subcommittee on Superfund Management held a
legislative hearing to consider S. 3871.
On June 10, 2008, Senator Thune introduced S. 3109, the
Hazardous Waste Electronic Manifest Establishment Act, which
was referred to the Senate Environment and Public Works
Committee. On July 31, 2008, the full Committee on Environment
and Public Works favorably reported S. 3109 by voice vote,
demonstrating the broad bipartisan support for this measure.
The Senate passed S. 3109 by unanimous consent on September 26,
2008 and referred the bill to the House on September 27, 2008.
On March 31, 2011, Senator Thune introduced S. 710, the
Hazardous Waste Electronic Manifest Establishment Act. On April
14, 2011, the Committee on Environment and Public Works
favorably reported the bipartisan bill to the Senate by voice
vote, again demonstrating the broad bipartisan support for this
measure.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee notes that the
Congressional Budget Office has found that ``CBO expects that
participants in the electronic manifest system created by the
bill could save money in comparison to the paper manifest
system. Participants include generators, transporters, and
recipients of hazardous waste, as well as state agencies that
collect copies of manifests.''
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office has said that the bill's electronic manifest
system would save money in comparison to the current paper
system. Further, as more fully discussed below, CBO found that
the cost of any mandates in the bill ``would fall below the
annual thresholds established in UMRA ($71 million for
intergovernmental mandates and $142 million for private-sector
mandates in 2011, adjusted annually for inflation).''
Congressional Budget Office Estimate
May 6, 2011.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works, U.S. Senate,
Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 710, the Hazardous
Waste Electronic Manifest Establishment Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 710--Hazardous Waste Electronic Manifest Establishment Act
Summary: S. 710 would require the Environmental Protection
Agency (EPA) to establish an electronic manifest system to
track the handling of hazardous waste. This legislation would
allow EPA to collect user fees to offset the cost of
developing, operating, and maintaining the system. Under
current law, individuals who handle hazardous waste must
prepare a paper manifest, which is a form that provides a
complete paper trail of a waste's progress from a generator
through its treatment, storage, and disposal. Under S. 710,
generators or transporters of hazardous waste and the owners or
operators of hazardous waste treatment, storage, or disposal
facilities could elect to use the electronic manifest system or
the existing paper system.
Pay-as-you-go procedures apply to S. 710 because enacting
this legislation would affect direct spending and revenues. CBO
estimates that enacting S. 710 would increase both revenues and
direct spending by $28 million over the 2011-2021 period. In
addition, CBO estimates that implementing S. 710 would cost
less than $500,000 annually in 2012 and 2013, subject to the
availability of appropriated funds.
S. 710 would impose intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act
(UMRA), on facilities that handle hazardous waste. CBO
estimates that the cost of the mandates would fall below the
annual thresholds established in UMRA ($71 million for
intergovernmental mandates and $142 million for private-sector
mandates in 2011, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 710 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012-2016 2012-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority.................................. 35 0 0 0 0 0 0 0 0 0 35 35
Estimated Outlays........................................... 2 2 3 3 3 3 3 3 3 3 13 28
CHANGES IN REVENUES
Estimated Revenues.......................................... 0 0 0 6 5 5 3 3 3 3 11 28
NET CHANGE IN THE BUDGET DEFICIT FROM CHANGES IN REVENUES AND DIRECT SPENDING
Impact on Deficita.......................................... 2 2 3 -3 -2 -2 0 0 0 0 2 0
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............................... 0 * * 0 0 0 0 0 0 0 1 1
Estimated Outlays........................................... 0 * * 0 0 0 0 0 0 0 1 1
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Notes: * = less than $500,000.
aPositive numbers indicate an increase in the deficit; negative numbers indicate a decrease in the deficit.
Basis of estimate: For this estimate, CBO assumes that S.
710 will be enacted by the end of fiscal year 2011.
Revenues and Direct Spending
S. 710 would authorize EPA to enter into a contract to
develop and maintain the electronic manifest system in advance
of, or in excess of, available appropriations. Based on
information from EPA, CBO estimates that the contract would
cost about $35 million. Because entering into the type of
contract authorized by the legislation is an obligation of the
federal government, its total cost--$35 million--would be
recorded as new budget authority in 2012. Though this
legislation would also authorize EPA to collect user fees to
offset the cost of establishing and maintaining this system,
such fees could not be collected before the new system is in
operation beginning in 2015. CBO expects that EPA would recover
the costs of developing the system (about $22 million) within
five years of its launch and that the agency would reduce user
fees to a level that would cover maintenance costs once
development costs were recouped.
Based on information from EPA, CBO estimates that about
114,000 users would obtain electronic manifests in 2015, with
participation reaching 227,000 users in subsequent years. We
estimate that, under this legislation, EPA would collect annual
user fees totaling $28 million over the 2012-2021 period.
Spending of the fees collected by EPA would increase direct
spending and would likely begin in 2015. However, spending on
developing the system would likely begin in 2012 because the
legislation would give EPA the authority to spend fees in
advance of their collection. CBO estimates that enacting this
legislation would increase federal outlays by $28 million over
the 2012-2021 period.
Spending Subject to Appropriation
Enacting legislation also would require EPA to develop
regulations related to the implementation of the electronic
manifest system not later than one year after enactment. CBO
estimates that funding of less than $500,000 annually in 2012
and 2013 would be necessary to meet this requirement.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in the
following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 710, THE HAZARDOUS WASTE ELECTRONICS MANIFEST ESTABLISHMENT ACT, AS ORDERED REPORTED BY THE SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON APRIL 15, 2011
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By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 2 2 3 -3 -2 -2 0 0 0 0 2 0
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Intergovernmental and private-sector impact: S. 710 would
impose intergovernmental and private-sector mandates, as
defined in UMRA, on facilities that handle hazardous waste. CBO
estimates that the cost of the mandates would fall below the
annual thresholds established in UMRA ($71 million for
intergovernmental mandates and $142 million for private-sector
mandates in 2011, adjusted annually for inflation).
The bill would require waste management facilities that
receive hazardous waste generated in or shipped through other
states to submit copies of shipment manifests to EPA. The bill
also would authorize EPA to require those facilities and any
hazardous waste management facility that uses a paper system to
submit a copy of the manifest to the electronic system
established under the bill. The mandated facilities would
primarily be private entities but could include municipal and
county landfills. Because the cost to complete a manifest and
to submit a paper copy to the electronic system would be
minimal, CBO estimates that the cost to comply with the
mandates would be small.
The bill also would authorize EPA to establish fees for
users of the electronic manifest system. CBO estimates that
such fees would total $6 million or less annually beginning in
fiscal year 2015.
Other Impacts
CBO expects that participants in the electronic manifest
system created by the bill could save money in comparison to
the paper manifest system. Participants include generators,
transporters, and recipients of hazardous waste, as well as
state agencies that collect copies of manifests.
Estimate prepared by: Federal Revenues: Mark Booth; Federal
Spending: Susanne Mehlman; Impact on State, Local, and Tribal
Governments: Ryan Miller; Impact on the Private Sector: Amy
Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
SOLID WASTE DISPOSAL ACT
Subtitle A--General Provisions
SHORT TITLE AND TABLE OF CONTENTS
Sec. 1001. This title (hereinafter in this title referred
to as ``this Act''), together with the following table of
contents, may be cited as the ``Solid Waste Disposal Act'':
[42 U.S.C. 6901]
Subtitle A--General Provisions
Sec. 1001. Short title and table of contents.
Sec. 1002. Congressional findings.
Sec. 1003. Objectives.
Sec. 1004. Definitions.
Sec. 1005. Governmental cooperation.
Sec. 1006. Application of Act and integration with other Acts.
Sec. 1007. Financial disclosure.
Sec. 1008. Solid waste management information and guidelines.
Subtitle B--Office of Solid Waste; Authorities of the Administrator
Sec. 2001. Office of Solid Waste and Interagency Coordinating Committee.
Sec. 2002. Authorities of Administrator.
Sec. 2003. Resource recovery and conservation panels.
Sec. 2004. Grants for discarded tire disposal.
Sec. 2005. Labeling of certain oil.
Sec. 2006. Annual report.
Sec. 2007. General authorization.
Sec. 2008. Office of Ombudsman.
Subtitle C--Hazardous Waste Management
Sec. 3001. Identification and listing of hazardous waste.
Sec. 3002. Standards applicable to generators of hazardous waste.
Sec. 3003. Standards applicable to transporters of hazardous waste.
Sec. 3004. Standards applicable to owners and operators of hazardous
waste treatment, storage, and disposal facilities.
Sec. 3005. Permits for treatment, storage, or disposal of hazardous
waste.
Sec. 3006. Authorized State hazardous waste programs.
Sec. 3007. Inspections.
Sec. 3008. Federal enforcement.
Sec. 3009. Retention of State authority.
Sec. 3010. Effective date.
Sec. 3011. Authorization of assistance to States.
Sec. 3012. Hazardous waste site inventory.
Sec. 3013. Monitoring, analysis, and testing.
Sec. 3014. Restrictions on recycled oil.
Sec. 3015. Expansion during interim status.
Sec. 3016. Inventory of Federal Agency hazardous waste facilities.
Sec. 3017. Export of hazardous waste.
Sec. 3018. Domestic sewage.
Sec. 3019. Exposure information and health assessments.
Sec. 3020. Interim control of hazardous waste injection.
Sec. 3021. Mixed waste inventory reports and plan.
Sec. 3022. Public vessels.
Sec. 3023. Federally owned treatment works.
Sec. 3024. Hazardous waste electronic manifest system.
* * * * * * *
Subtitle C--Hazardous Waste Management
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Sec. 3001. (a) Criteria for Identification or Listing.--* *
*
* * * * * * *
SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Hazardous
Waste Electronic Manifest System Advisory Board
established under subsection (f).
(2) Fund.--The term ``Fund'' means the Hazardous
Waste Electronic Manifest System Fund established by
subsection (d).
(3) Person.--The term ``person'' includes an
individual, corporation (including a Government
corporation), company, association, firm, partnership,
society, joint stock company, trust, municipality,
commission, Federal agency, State, political
subdivision of a State, or interstate body.
(4) System.--The term ``system'' means the hazardous
waste electronic manifest system established under
subsection (b).
(5) User.--The term ``user'' means a hazardous waste
generator, a hazardous waste transporter, an owner or
operator of a hazardous waste treatment, storage,
recycling, or disposal facility, or any other person
that--
(A) is required to use a manifest to comply
with any Federal or State requirement to track
the shipment, transportation, and receipt of
hazardous waste or other material that is
shipped from the site of generation to an off-
site facility for treatment, storage, disposal,
or recycling; and
(B)(i) elects to use the system to complete
and transmit an electronic manifest format; or
(ii) submits to the system for data
processing purposes a paper copy of the
manifest (or data from such a paper copy), in
accordance with such regulations as the
Administrator may promulgate to require such a
submission.
(b) Establishment.--Not later than 3 years after the date
of enactment of this section, the Administrator shall establish
a hazardous waste electronic manifest system that may be used
by any user.
(c) User Fees.--
(1) In general.--The Administrator may impose on
users such reasonable service fees as the Administrator
determines to be necessary to pay costs incurred in
developing, operating, maintaining, and upgrading the
system, including any costs incurred in collecting and
processing data from any paper manifest submitted to
the system after the date on which the system enters
operation.
(2) Collection of fees.--The Administrator shall--
(A) collect the fees described in paragraph
(1) from the users in advance of or as
reimbursement for, the provision by the
Administrator of system-related services; and
(B) deposit the fees in the Fund for use in
accordance with this subsection.
(3) Fee structure.--
(A) In general.--The Administrator, in
consultation with information technology
vendors, shall determine through the contract
award process described in subsection (e) the
fee structure that is necessary to recover the
full cost to the Administrator of providing
system-related services, including costs
relating to--
(i) materials and supplies;
(ii) contracting and consulting;
(iii) overhead;
(iv) information technology
(including costs of hardware, software,
and related services);
(v) information management;
(vi) collection of service fees;
(vii) investment of any unused
service fees;
(viii) reporting and accounting;
(ix) employment of direct and
indirect Government personnel dedicated
to establishing and maintaining the
system; and
(x) project management.
(B) Adjustments in fee amount.--
(i) In general.--The Administrator,
in consultation with the Board, shall
increase or decrease amount of a
service fee determined under the fee
structure described in subparagraph (A)
to a level that will--
(I) result in the collection
of an aggregate amount for
deposit in the Fund that is
sufficient to cover current and
projected system-related costs
(including any necessary system
upgrades); and
(II) minimize, to the maximum
extent practicable, the
accumulation of unused amounts
in the Fund.
(ii) Exception for initial period of
operation.--The requirement described
in clause (i)(II) shall not, apply to
any additional fees that accumulate in
the Fund, in an amount that does not
exceed $2,000,000, during the 3-year
period beginning on the date on which
the system enters operation.
(iii) Timing of adjustments.--
Adjustments to service fees described
in clause (i) shall be made--
(I) initially, at the time at
which initial development costs
of the system have been
recovered by the Administrator
such that the service fee may
be reduced to reflect the
elimination of the system
development component of the
fee; and
(II) periodically thereafter,
upon receipt and acceptance of
the findings of any annual
accounting or auditing report
under subsection (d)(6), if the
report discloses a significant
disparity for a fiscal year
between the funds collected
from service fees under this
subsection for the fiscal year
and expenditures made for the
fiscal year to provide system-
related services.
(d) Hazardous Waste Electronic Manifest System Fund.--
(1) Establishment.--There is established in the
Treasury of the United States a revolving fund, to be
known as the ``Hazardous Waste Electronic Manifest
System Fund'', consisting of--
(A) such amounts as are appropriated to the
Fund under paragraph (2); and
(B) any interest earned on investment of
amounts in the Fund under paragraph (4).
(2) Transfers to fund.--There are appropriated to the
Fund amounts equivalent to amounts collected as fees
and received by the Administrator under subsection (c).
(3) Expenditures from fund.--
(A) In general--Subject to paragraph (2), on
request by the Administrator, the Secretary of
the Treasury shall transfer from the Fund to
the Administrator such amounts as the
Administrator determines to be necessary to pay
costs incurred in developing, operating,
maintaining, and upgrading the system under
subsection (c).
(B) Use of funds.--
(i) In general--Fees collected by the
Administrator and deposited in the Fund
under this section shall be available
to the Administrator for use in
accordance with this section without
fiscal year limitation and without
further appropriation.
(ii) Oversight.--The Administrator
shall carry out all necessary measures
to ensure that amounts in the Fund are
used only to carry out the goals of
establishing, operating, maintaining,
upgrading, managing, supporting, and
overseeing the system.
(4) Investment of amounts.--
(A) In general--The Secretary of the Treasury
shall invest such portion of the Fund as is
not, in the judgment of the Secretary of the
Treasury and the Administrator, required to
meet current withdrawals.
(B) Interest-bearing obligations.--
Investments may be made only in--
(i) interest-bearing obligations of
the United States; or
(ii) obligations, participations, or
other instruments that are lawful
investments for fiduciaries, trusts, or
public funds, as determined by the
Secretary of the Treasury.
(C) Acquisition of obligations.--For the
purpose of investments under paragraph (1),
obligations may be acquired--
(i) on original issue at the issue
price; or
(ii) by purchase of outstanding
obligations at the market price.
(D) Sale of obligations.--Any obligation
acquired by the Fund may be sold by the
Secretary of the Treasury at the market price.
(E) Credits to fund.--The interest on, and
the proceeds from the sale or redemption of,
any obligations held in the Fund shall be
credited to, and form a part of the Fund.
(5) Transfers of amounts.--
(A) In general--The amounts required to be
transferred to the Fund under this subsection
shall be transferred at least monthly from the
general fund of the Treasury to the Fund on the
basis of estimates made by the Secretary of the
Treasury.
(B) Adjustments.--Proper adjustment shall be
made in amounts subsequently transferred to the
extent prior estimates were in excess of or
less than the amounts required to be
transferred.
(6) Accounting and auditing.--
(A) Accounting.--For each 2-fiscal-year
period, the Administrator shall prepare and
submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Energy and Commerce of the House of
Representatives a report that includes--
(i) an accounting of the fees paid to
the Administrator under subsection (c)
and disbursed from the Fund for the
period covered by the report, as
reflected by financial statements
provided in accordance with--
(I) the Chief Financial
Officers Act of 1990 (Public
Law 101-576; 104 Stat. 2838)
and amendments made by that
Act; and
(II) the Government
Management Reform Act of 1994
(Public Law 103-356; 108 Stat.
3410) and amendments made by
that Act; and
(ii) an accounting describing actual
expenditures from the Fund for the
period covered by the report for costs
described in subsection (c)(1).
(B) Auditing.--
(i) In general.--For the purpose of
section 3515(c) of title 31, United
States Code, the Fund shall be
considered a component of an Executive
agency.
(ii) Components of audit.--The annual
audit required in accordance with
sections 3515(b) and 3521 of title 31,
United States Code, of the financial
statements of activities carried out
using amounts from the Fund shall
include an analysis of--
(I) the fees collected and
disbursed under this section;
(II) the reasonableness of
the fee structure in place as
of the date of the audit to
meet current and projected
costs of the system;
(III) the level of use of the
system by users; and
(IV) the success to date of
the system in operating on a
self-sustaining basis and
improving the efficiency of
tracking waste shipments and
transmitting waste shipment
data.
(iii) Federal responsibility.--The
Inspector General of the Environmental
Protection Agency shall--
(I) conduct the annual audit
described in clause (ii); and
(II) submit to the
Administrator a report that
describes the findings and
recommendations of the
Inspector General resulting
from the audit.
(e) Contracts.--
(1) Authority to enter into contracts funded by
service fees.--The Administrator may enter into 1 or
more information technology contracts with entities
determined to be appropriate by the Administrator
(referred to in this subsection as `contractors') under
which--
(A) the Administrator agrees to award a
contract for the provision of system-related
services; and
(B) the contractor agrees to assume the
initial risk of the information technology
investment, and to obtain reimbursement for
investment costs, operating costs, and other
fees, by receiving as payment an agreed-upon
share of the amounts collected as fees by the
Administrator under subsection (c).
(2) Term of contract.--A contract awarded under this
subsection shall have a term of not more than 10 years.
(3) Achievement of goals.--The Administrator shall
ensure, to the maximum extent practicable, that a
contract awarded under this subsection--
(A) is performance-based;
(B) identifies objective outcomes; and
(C) contains performance standards that may
be used to measure achievement and goals to
evaluate the success of a contractor in
performing under the contract and the right of
the contractor to payment for services under
the contract, taking into consideration that a
primary measure of successful performance shall
be the development of a hazardous waste
electronic manifest system that--
(i) meets the needs of the user
community (including States that rely
on data contained in manifests);
(ii) attracts sufficient user
participation and service fee revenues
to ensure the viability of the system;
(iii) decreases the administrative
burden on the user community; and
(iv) provides the waste receipt data
applicable to the biennial reports
required by section 3002(a)(6).
(4) Payment structure.--Each contract awarded under
this subsection shall include a provision that
specifies--
(A) the service fee structure of the
contractor that will form the basis for
payments to the contractor;
(B) the fixed-share ratio of monthly service
fee revenues from which the Administrator shall
reimburse the contractor for system-related
development, operation, and maintenance costs
and provide an additional profit or fee
commensurate with the risk undertaken by the
contractor in performing in accordance with the
contract;
(C) the amount of additional transactional
costs attributed to--
(i) the ancillary costs of the
Administrator in implementing and
managing the system, including the
costs of integrating the applications
of the contractor with the central data
exchange architecture of the
Environmental Protection Agency;
(ii) the direct and indirect
personnel costs incurred by the
Administrator to employ personnel
dedicated to the implementation and
management of the system; and
(iii) expenses incurred in procuring
any independent contractor services to
assist staff of the Administrator in
the preparation of financial statements
and reports and the conduct of regular
user group and governance meetings
necessary for the oversight of the
system.
(5) Cancellation and termination.--
(A) In general.--If the Administrator
determines that sufficient funds are not made
available for the continuation in a subsequent
fiscal year of a contract entered into under
this subsection, the Administrator shall cancel
or terminate the contract.
(B) Costs.--The costs of cancellation or
termination under subparagraph (A) may be paid
using--
(i) appropriations available for
performance of the contract;
(ii) unobligated appropriations
available for acquisition of the
information technology procured under
the contract; or
(iii) funds subsequently appropriated
for payment of costs of the
cancellation or termination.
(C) Negotiation of amounts.--The amount
payable in the event of cancellation or
termination of a contract entered into under
this subsection shall be negotiated with the
contractor at the time at which the contract is
awarded.
(D) Authority to enter into contracts.--The
Administrator may enter into a contract under
this subsection for any fiscal year, regardless
of whether funds are made specifically
available for the full costs of cancellation or
termination of the contract, if--
(i) funds are available at the time
at which the contract is awarded to
make payments with respect to a
contingent liability in an amount equal
to at least 100 percent of the
estimated costs of a cancellation or
termination during the first fiscal
year of the contract, as determined by
the Administrator; or
(ii) funds described in clause (i)
are not available as described in that
clause, but the contractor--
(I) is informed of the amount
of any unfunded contingent
liability; and
(II) agrees to perform the
contract despite the unfunded
contingent liability.
(6) No effect on ownership.--Regardless of whether
the Administrator enters into a contract under this
subsection, the system shall be owned by the Federal
Government.
(f) Hazardous Waste Electronic Manifest System Advisory
Board.--
(1) Establishment.--Not later than 3 years after the
date of enactment of this section, the Administrator
shall establish a board to be known as the ``Hazardous
Waste Electronic Manifest System Advisory Board''.
(2) Composition.--The Board shall be composed of 9
members, of which--
(A) 1 member shall be the Administrator (or a
designee), who shall serve as Chairperson of
the Board; and
(B) 8 members shall be individuals appointed
by the Administrator--
(i) at least 2 of whom shall have
expertise in information technology;
(ii) at least 3 of whom shall have
experience in using or represent users
of the manifest system to track the
transportation of hazardous waste under
this subtitle (or an equivalent State
program); and
(iii) at least 3 of whom shall be a
State representative responsible for
processing those manifests.
(3) Duties.--The Board shall meet annually to
discuss, evaluate the effectiveness of and provide
recommendations to the Administrator relating to, the
system.
(g) Regulations.--
(1) Promulgation.--
(A) In general.--Not later than 1 year after
the date of enactment of this section, the
Administrator shall promulgate regulations to
carry out this section.
(B) Inclusions.--The regulations promulgated
pursuant to subparagraph (A) may include such
requirements as the Administrator determines to
be necessary to facilitate the transition from
the use of paper manifests to the use of
electronic manifests, or to accommodate the
processing of data from paper manifests in the
electronic manifest system, including a
requirement that users of paper manifests
submit to the system copies of the paper
manifests for data processing purposes.
(C) Requirements.--The regulations
promulgated pursuant to subparagraph (A) shall
ensure that each electronic manifest provides,
to the same extent as paper manifests under
applicable Federal and State law, for--
(i) the ability to track and maintain
legal account-ability of--
(I) the person that certifies
that the information provided
in the manifest is accurately
described; and
(II) the person that
acknowledges receipt of the
manifest;
(ii) if the manifest is
electronically submitted, State
authority to access paper printout
copies of the manifest from the system;
and
(iii) access to all publicly
available information contained in the
manifest.
(2) Effective date of regulations.--Any regulation
promulgated by the Administrator under paragraph (1)
and in accordance with section 3003 relating to
electronic manifesting of hazardous waste shall take
effect in each State as of the effective date specified
in the regulation.
(3) Administration.--The Administrator shall carry
out regulations promulgated under this subsection in
each State unless the State program is fully authorized
to carry out those regulations in lieu of the
Administrator.
(h) Requirement of Compliance With Respect to Certain
States.--In any case in which the State in which waste is
generated, or the State in which waste will be transported to a
designated facility, requires that the waste be tracked through
a hazardous waste manifest, the designated facility that
receives the waste shall, regardless of the State in which the
facility is located--
(1) complete the facility portion of the applicable
manifest;
(2) sign and date the facility certification; and
(3) submit to the system a final copy of the manifest
for data processing purposes.
* * * * * * *