[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Rules and Regulations]
[Pages 41812-41817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20008]



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[[Page 41813]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 195

[FRL-5276-3]
RIN 2060-AF40


User Fees for Radon Proficiency Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Technical amendment.

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SUMMARY: This technical amendment to the Radon Proficiency Program's 
User Fee establishes fees for the calendar year 1995. The User Fee Rule 
requires that individuals and organizations applying to or 
participating in the National Radon Measurement Proficiency (RMP) or 
the National Radon Contractor Proficiency (RCP) Programs pay annual 
fees. This amendment establishes the fee schedule for the calendar year 
1995.
    In 1994 the Agency began an aggressive effort to streamline 
operation of the proficiency programs as a way of reducing costs. 
Because of these streamlining efforts, the cost to operate the 
proficiency programs in 1994 was reduced by about 34% from 1993. Thus, 
the 1995 user fees will generally be lower than the 1994 user fees in 
some areas while the fees for other areas of the program will go up 
slightly from the 1994 user fees. The Agency remains committed to 
recovering all of its operating costs over a period of five years. 
Consistent with the schedule established in the 1994 User Fee Rule, the 
Agency has increased the level of anticipated cost recovery from 30% in 
1994 to 47.5% in 1995.
    Upon receipt of an invoice from EPA following the effective date of 
this technical amendment, organizations offering primary measurement 
services must pay an annual fee of $390 per device entered or listed in 
the RMP program. Organizations offering secondary measurement services 
must pay an annual fee of $50 for each business location listed in the 
program. Participants in the individual proficiency component of the 
RMP program must pay an annual fee of $105. Participants in the RCP 
program must pay an annual fee of $210. As before, State and local 
governments are exempted from these fees under section 305(e)(2) of the 
Indoor Radon Abatement Act of 1988, 15 U.S.C. 2665(e)(2).

EFFECTIVE DATE: September 13, 1995.

FOR FURTHER INFORMATION CONTACT: James W. Long, (202) 233-9433, U.S. 
EPA, Office of Radiation and Indoor Air, 401 M St. S.W., (6604J), 
Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

I. Authority

    Section 305 of the Indoor Radon Abatement Act (IRAA) of 1988, 15 
U.S.C. 2661 et seq., authorizes the Administrator of EPA to assess fees 
to defray the costs associated with operating its radon proficiency 
programs. The User Fees for Radon Proficiency Programs Final Rule, 
Federal Register, 59 FR 13166, established fees for two proficiency 
programs: the National Radon Measurement Proficiency Program and the 
National Radon Contractor Proficiency Program. The funds received by 
EPA have been authorized to be deposited into a special account in the 
United States Treasury with amounts in the account to be appropriated 
for administering the radon proficiency programs. State and local 
governments, including educational entities, are exempt from paying a 
fee to participate in the radon proficiency programs.
    The final rule is cross-referenced to Title 40 of the Code of 
Federal Regulations (CFR) chapter I, subchapter R, Part 700 that lists 
regulations promulgated under the Toxic Substances Control Act (TSCA). 
Although the IRAA was enacted as Title III of TSCA, the Final User Fee 
Rule itself is listed under subchapter F of the CFR (40 CFR 195.20 et 
seq.) because it deals solely with a radiation program.

II. Background

    On March 18, 1994, EPA issued a final rule in the Federal Register, 
59 FR 13166, that established an initial fee schedule of $375 per 
device entered or listed in the RMP program for organizations offering 
primary measurement services, $75 per business location for 
organizations offering secondary measurement services, $150 for 
participants in the individual proficiency component of the RMP 
program, and $200 for participants in the RCP program.
    The fees that the Agency established in the 1994 final rule were 
set to recover 30% of the total costs of administering the proficiency 
programs. As stated in the 1994 rule, the Agency intends to adjust its 
fees annually to recover ever increasing percentages of its program 
costs according to the following schedule: 1994 (30%), 1995 (47.5%), 
1996 (65%), 1997 (82.5%) and 1998 (100%). For Fiscal Year (FY) 1994, 
total Agency costs to operate the radon proficiency programs were $1.7 
million. EPA expects similar costs for fiscal year 1995. Based on a 
projected cost recovery percentage of 47.5%, the Agency expects to 
collect approximately $750,000 from user fees during 1995. EPA shall 
continue to review and adjust the fees over the next three years (as 
necessary) to recover ultimately the full annual costs of the 
proficiency programs. Fees may also be adjusted to account for other 
factors such as inflation and changes in programs costs. As it adjusts 
fees in the future, EPA will assess the potential effects of its fee 
adjustments on the radon industry and the regional impacts.
    The Agency has determined that the Paperwork Reduction Act of 1980 
(PRA) requirements do not apply to this technical amendment. This 
action was not classified by the Agency as a significant regulatory 
action, however, the Office of Management and Budget did request to 
review this action. The technical amendment cleared review on May 4, 
1995 with no comments from OMB.
III. Provisions of the Amendment

A. National Radon Measurement Proficiency Program

    EPA's total costs for the organizational component of the RMP 
Program for Fiscal Year 1994 were about $960,000 (a more detailed 
description of costs and how they were calculated is presented in the 
Technical Support Document for the 1995 User Fee Calculation in Support 
of the Radon Proficiency Program User Fee Final Rule, U.S. EPA/Office 
of Radiation and Indoor Air, January 24, 1995.). As of October 1, 1994, 
EPA had approximately 985 primary devices and approximately 1,485 
secondary organizations listed or seeking to be listed in the program. 
If the RMP Program fees had been set at a full cost recovery level 
(100%) the annual fee for 1995 for a primary device would be about $825 
per application or listing, and a fee of $100 would be assessed for 
each secondary firm applying to or listed in the RMP program. The 
difference between the fees for primary devices and secondary firms 
reflects differences in EPA's costs to process and maintain each type 
of applicant or participant in the organizational component of the RMP 
Program.
    In this technical amendment to the 1994 Final Rule we have 
clarified the text in Section 195.20(a)(2) to reflect the fact that 
organizations listed or seeking to be listed for secondary measurement 
services in the RMP Program must pay an annual fee of $50 for each 
business location. Since the inception of the RMP 

[[Page 41814]]
Program in 1989, EPA has required secondary organizations to submit 
applications and be listed separately for each business location they 
operate. In the 1994 user fee billing cycle, EPA invoiced and collected 
fees for organizations listed for or seeking listing for secondary 
measurement services based on separate business locations. To clarify 
this aspect of the program's operation, EPA has added the phrase, ``a 
fee for each business location listed'' at appropriate places in 
Section 195.20(a)(2) of the final rule.

B. Individual Measurement Proficiency

    The total costs of the individual proficiency component of the RMP 
program in Fiscal Year 1994 were about $459,400. As of October 1, 1994, 
approximately 2,075 individuals were listed or in the process of being 
listed in the individual proficiency program. If the individual 
component of the RMP Program fees had been set at a full cost recovery 
level (100%) the annual fee for 1995 would be about $220 per 
individual.

C. National Radon Contractor Proficiency Program

    The total costs for the RCP program were about $305,400 in fiscal 
year 1994. Approximately 686 individuals were listed or in the process 
of being listed in the RCP Program as of October 1, 1994. If the RCP 
Program fee had been set at a full cost recovery level (100%) the 
annual fee for 1995 would be about $445 per individual.

D. Fee Schedule--1995

1. Fee Amounts
    The 1995 user fee schedule for applicants to and participants in 
the RMP and RCP programs is, apart from some minor editorial changes, 
essentially unchanged from 1994. That schedule appears as a revised 40 
CFR section 195.20, which follows this preamble.
    Organizations or individuals whose proficiency program application 
has not yet been accepted by EPA on the effective date of this 
technical amendment (i.e., 30 days after the date of its publication in 
the Federal Register) become subject to the fees described above once 
their application has been accepted. Their user fees will be prorated 
quarterly, based on the acceptance date of the application. New 
applicants will be assessed an annual user fee based on the acceptance 
date of their application.
2. Exemptions
    State and local governments, including educational entities, are 
exempted from these fees under section 305(e)(2) of the IRAA. EPA has 
determined that exempted organizations or individuals include:
    State or local governments (or employees thereof acting in their 
official capacities) who are listed, or applying to be listed, in the 
EPA proficiency programs who wish to perform radon measurements and/or 
mitigations. Specific exempted entities include the following 
classifications:

--Indian Tribes,
--State and local educational entities, that is, schools and school 
districts (this includes public universities, colleges and educational 
agencies), and
--State and local medical institutions and hospitals.

EPA has determined that IRAA does not exempt Federal employees from 
paying a fee to participate in the EPA proficiency programs.
3. Determination of Fees
    Participants listed in the RMP and RCP programs on the effective 
date of this technical amendment will be sent, by EPA, a payment 
invoice with its fee calculation at least 30 days before the payment is 
due. Fees will be assessed based on the current information in EPA's 
proficiency data bases. Participants who intend to pay the invoiced fee 
amount must send their payment to EPA following the procedures stated 
in the invoice. Organizations or individuals who wish to notify EPA of 
any errors or corrections they wish to make to their listing status 
must do so by following the instructions on the payment invoice. 
Corrected payment invoices for both the RMP Program and the RCP Program 
shall be sent to: Radon Proficiency Programs User Fees, c/o Sanford 
Cohen and Associates, Inc. (SC&A), 1418 I-85 Parkway, Montgomery, 
Alabama, 36106. EPA will review any corrections noted on the payment 
invoice, adjust the payment invoice amount (as appropriate) and issue a 
new invoice. Participants must pay the amount in the corrected payment 
invoice within 30 days of the date listed on the corrected invoice.
    If the appropriate fee or a revised payment invoice for an 
individual or organization participating in the RMP or RCP program has 
not been received by EPA on or before the payment due date, EPA will 
send, by certified mail, notice that the individual or organization 
will be delisted from the proficiency program unless he/she pays the 
fee within 30 days of this second certified notification. If payment 
still has not been received by EPA on or before 30 days or after of the 
second certified notification, the organization's or individual's 
listing will be removed from the proficiency program.
    New or initial applicants to the RMP or RCP programs will be 
assessed a fee at the time of their initial application. EPA will send 
a payment invoice to the new applicant upon acceptance of the initial 
application. The applicant will be given at least 30 days from the date 
on the payment invoice to remit payment. The fee assessed will be 
prorated quarterly, based on the acceptance date of the application. 
The prorated fee schedule for 1995 is as follows:

------------------------------------------------------------------------
                       1st Jan 1-   2nd Apr 1-   3rd Jul 1-   4th Oct 1-
        Quarter          Mar 31       Jun 30       Sep 30       Dec 31  
------------------------------------------------------------------------
RMP Program:                                                            
    Per Primary                                                         
     measurement                                                        
     device.........        1$390         $295         $195          $95
    Per Organization                                                    
     listed for                                                         
     secondary                                                          
     services.......           50           40           25           10
    Per Individual                                                      
     listed for                                                         
     measurement                                                        
     services.......          105           80           55           25
RCP Program;                                                            
    Per Individual                                                      
     listed for                                                         
     mitigation                                                         
     services.......          210          160          105           50
------------------------------------------------------------------------

If the appropriate fee has not been received by EPA on or before the 
payment due date, the application will be placed in an inactive file 
with no further action taken by EPA.
4. Payment Procedures
    Each remittance to EPA under this technical amendment must be in 
United States currency and must be paid by either certified check, 
personal or business check, or money order made payable to the order of 
the ``U.S. ENVIRONMENTAL PROTECTION AGENCY'' and sent to: U.S. EPA, 
Washington Financial Management 

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Center, Radon Proficiency Program User Fees (IRAA), P.O. Box 952491, 
St. Louis, Missouri, 63195-2491. The fee payment must include the 
original copy of the EPA payment invoice. Collection of fees will begin 
in the calendar year beginning January 1, 1995. Specific guidance on 
how and when fees must be paid can be found in How to Pay Your Radon 
Proficiency Programs User Fees, U.S. EPA/Office of Radiation and Indoor 
Air. Copies of this document can be obtained by contacting the RIS at 
(334) 272-2797 or by FAX at (334) 260-9051.
5. Failing the RMP Measurement Test
    Organizations that fail the initial measurement device performance 
test or the re-test for a particular device must re-apply to the RMP 
program if they want to be listed or remain listed for that device. 
When the organization re-applies, EPA will send a payment invoice for 
the device(s) to be tested/re-tested. The appropriate user fee must be 
paid prior the scheduling of the test/re-test. EPA will send written 
notification of the measurement performance test results and listing 
status. Any fee paid to EPA in the process of attaining a listing of a 
particular device will not be refunded if the device fails to meet the 
RMP program criteria as stated in the Radon Measurement Proficiency 
(RMP) Program Handbook, EPA 402-B-94-003. Should the organization elect 
to re-apply to test the failed device, EPA will assess a new fee based 
on the information provided in the organization's application.
6. Failing the RMP Individual Proficiency and RCP Exams
    a. Biennial Reexamination. To maintain their listing in the RCP 
program and/or the individual proficiency component of the RMP program, 
individuals must take and pass a biennial re-examination. EPA will 
notify listed participants of this requirement within 120 days of their 
exam expiration date. If an individual fails the exam, he/she may take 
the examination as often as he/she wishes during the same calendar year 
and not have to pay additional processing fees. This is a change from 
the 1994 final rule. In the final rule each application for retest also 
required that a $50.00 processing fee be paid. EPA has determined that 
it was not cost effective to assess and administer the $50.00 
processing fee for retests.
    Fees will not be refunded in the event that a participant fails the 
re-exam and/or chooses not to re-take the exam. If the same individual 
wishes to re-enter the program by re-taking the exam, the individual 
must re-apply. At the time that the application is submitted, EPA will 
determine whether a user fee will be assessed. Since user fees are paid 
for an entire year, so long as the original user fee was paid, an 
individual wishing to re-enter the proficiency programs within the same 
calendar year that he/she was delisted or failed the exam requirement, 
will not be assessed an additional user fee.
    b. New Applicants and the Exams. New applicants to the RCP Program 
and/or the individual component of the RMP Program will be assessed a 
user fee when their application has been accepted. A user fee must be 
paid whether the individual passes or fails the exam. If an applicant 
decides not to re-take a failed individual RMP program proficiency exam 
or RCP exam, no further action is taken by EPA on the individual's 
application. Fees will not be refunded in the event that an applicant 
fails the exam and/or chooses not to re-take the exam. If the same 
individual wishes to re-apply to the program by re-taking the exam, at 
the time that the application is received, EPA will determine whether a 
user fee will be assessed. Since user fees are paid for an entire year, 
so long as the original user fee was paid, an individual wishing to re-
enter the proficiency programs by meeting the examination requirement, 
will not be assessed an additional user fee.
7. Adjustment of Fees
    EPA shall adjust the fees over the next three years to a level that 
will ultimately be sufficient to recover the full annual costs of the 
radon proficiency programs. Assuming that the Agency's cost of running 
the proficiency programs remains the same over the next three years and 
assuming that the level of participation in the proficiency programs 
remains constant, the fee schedule for the next three years would be as 
follows:

------------------------------------------------------------------------
         Program element            Fee year 3   Fee year 4   Fee year 5
------------------------------------------------------------------------
RMP Program:                                                            
    Per Primary measurement                                             
     device......................         $540         $680         $825
    Per Organization listed for                                         
     secondary services..........           65           80          100
    Per Individual listed for                                           
     measurement services........          145          185          220
RCP Program:                                                            
    Per Individual listed for                                           
     mitigation services.........          290          365          445
------------------------------------------------------------------------

The above table should only be considered as a guide. Actual fees for 
each fiscal year will be adjusted based on program costs and 
participation rates. EPA may also use the three-step process outlined 
in the 1994 final rule to adjust the fees for years after 1995. If 
future fee adjustments are made, the Agency will publish new fee 
schedules in the Federal Register as a technical amendment final rule 
to become effective 30 days or more after publication, as specified in 
the 1994 final rule.

VI. Rulemaking Record

    EPA has established a public record for this rulemaking (docket 
control number A-90-09). The record for this rulemaking is available to 
the public in the Clean Air Act Docket, located on the first floor 
Waterside Mall, room M1500, U.S. Environmental Protection Agency, 401 M 
St., SW, Mail Stop 6102, Washington, DC, 20460, open from 8:30 a.m. to 
12 p.m. and 1:30 p.m. to 3:30 p.m., Monday through Friday, excluding 
legal holidays, (202) 260-7548.
    The record includes information considered by EPA in developing 
this technical amendment. The record contains the following categories 
of information: (1) Federal Register notices: ``Fees for Radon 
Proficiency Programs and Training,'' Proposed Rule, FR vol. 55, No. 
235, Thursday, December 6, 1990; ``User Fees for Radon Proficiency 
Program,'' Final Rule, FR vol. 59, No. 53, Friday, March 18, 1994; (2) 
Support Documents: ``Economic Impact Analysis of Radon Proficiency 
Program User Fee Rule--Final Report.'' U.S. EPA/Office of Radiation and 
Indoor Air, November 17, 1993; ``Technical Support Document for the 
1995 User Fee Calculation in Support of the Radon Proficiency Programs 
User Fee Final Rule,'' U.S. EPA/Office of Radiation and Indoor Air, 
January 24, 1995; and, ``Operating Policies and Procedures for the User 
Fees for Radon Proficiency Programs Final Rule--Fee Collection 
Process,'' U.S. EPA/Office of Radiation and Indoor Air, June 19, 1995; 
(3) Public 

[[Page 41816]]
Comments received during the proposed rule notice and comment period 
and those received by the Agency following publication of the 1994 
final rule.

List of Subjects

40 CFR Part 195

    Environmental protection, Radon, Proficiency programs, User fees.

40 CFR Part 700

    Environmental protection, Radon, Proficiency programs, User fees.

    Dated: August 7, 1995.
Carol M. Browner,
Administrator.
    Therefore, 40 CFR part 195 is amended as follows:

PART 195--RADON PROFICIENCY PROGRAMS

    1. The authority citation for part 195 continues to read as 
follows:

    Authority: 15 U.S.C. 2665.

Subpart B--Fees

    2. Section 195.20 is revised to read as follows:


Sec. 195.20  Fee payments.

    (a) Fee Amounts. Applicants to and participants in the RMP and RCP 
programs shall pay fees according to the following fee schedule:
    (1) Organizations Listed for or Seeking Listing for Primary 
Measurement Services in the RMP Program.
    (i) In order to remain a listed participant, each organization that 
is listed for primary measurement services in the RMP program on the 
effective date of this section shall pay an annual fee of $390 for each 
device.
    (ii) Each organization seeking listing for primary measurement 
services that submits an initial application after the effective date 
of this section shall pay an annual fee of $390 per device. This fee 
will be prorated quarterly, based on the acceptance date of an 
organization's application.
    (iii) Organizations that have or are seeking a listing for 
secondary measurement services for their primary devices will not be 
required to pay the additional $50 fee applicable to secondary 
organizations.
    (2) Organizations Listed for or Seeking Listing for Secondary 
Measurement Services in the RMP Program.
    (i) In order to remain a listed participant, each organization that 
is listed for secondary measurement services in the RMP program on the 
effective date of this section shall pay an annual fee of $50 for each 
business location listed.
    (ii) Each organization seeking listing for secondary measurement 
services that submits an initial application after the effective date 
of this section shall pay an annual fee of $50 for each business 
location listed. This fee will be prorated quarterly, based on the 
acceptance date of an organization's application.
    (iii) Primary organizations that have or are seeking secondary 
listings for methods other than those for which they are listed as a 
primary, are subject to the fees.
    (3) Individual Proficiency Component of the RMP Program.
    (i) In order to remain a listed participant, each individual listed 
in the RMP individual proficiency program on the effective date of this 
section shall pay an annual fee of $105.
    (ii) Each individual who submits an initial application after the 
effective date of this section shall pay an annual fee of $105. This 
fee will be prorated quarterly, based on the acceptance date of an 
individual's application.
    (iii) Individuals who have or are seeking listing status as an RMP 
primary or secondary organization are subject to the applicable fees 
under paragraphs (a)(1) and (2) of this section.
    (4) RCP Program.
    (i)(A) In order to remain a listed participant, each individual 
listed in the RCP program on the effective date of this section shall 
pay an annual fee of $210.
    (B) Each individual who is not a listed participant in the RCP 
program on the effective date of this section and submits an initial 
application after the effective date of this section shall pay an 
annual fee of $210. This fee will be prorated quarterly, based on the 
acceptance date of an individual's application.
    (ii) An organization or individual who is not a listed participant 
in EPA's radon proficiency programs on the effective date of this 
section and/or whose proficiency program application has not yet been 
accepted by EPA becomes subject to the fees described above once its 
application has been accepted by EPA. Fees for such organizations or 
individuals will be prorated quarterly, based on the acceptance date of 
the application. To remain listed, each participant in the RMP or RCP 
programs, whether individual or organization, shall submit the 
appropriate annual fee to EPA each year.
    (b) Exemptions. State and local governments are exempted from these 
fees under section 305(e)(2) of TSCA, 15 U.S.C. 2665.
    (c) Determination of Fees. (1) Participants listed in the RMP and 
RCP programs on the effective date of this section will be sent, by 
EPA, a payment invoice with its fee calculation at least 30 days before 
the payment is due. Fees will be assessed based on the current 
information in EPA's proficiency data bases. Participants who intend to 
pay the invoiced fee amount must send their payment to EPA following 
the procedures in the invoice. Organizations or individuals who wish to 
notify EPA of any errors or corrections they wish to make to their 
listing status must do so by following the instructions on the payment 
invoice. Corrected payment invoices for both the RMP Program and the 
RCP Program shall be sent to: Radon Proficiency Programs User Fees, c/o 
Sanford Cohen and Associates, Inc. (SC&A), 1418 I-85 Parkway, 
Montgomery, Alabama, 36106. EPA will review the corrections noted on 
the payment invoice, adjust the payment invoice amount (as appropriate) 
and issue a new invoice. Participants must pay the amount in the 
corrected payment invoice within 30 days of the date listed on the 
corrected invoice.
    (2) If the appropriate fee or a revised payment invoice for an 
individual or organization participating in the RMP or RCP program has 
not been received by EPA on or before the payment due date, EPA will 
send, by certified mail, notice that the individual or organization 
will be delisted from the proficiency program unless he/she pays the 
fee within 30 days of this second certified notification. If payment 
still has not been received by EPA after 30 days of the second 
certified notification, the organization's or individual's listing 
shall be removed from the proficiency program.
    (3) New or initial applicants to the RMP or RCP programs will be 
assessed a fee at the time of their initial application. EPA will send 
a payment invoice to the new applicant upon acceptance of the initial 
application. The applicant will be given at least 30 days from the date 
on the payment invoice to remit payment. The fee assessed will be 
prorated quarterly, based on the acceptance date of the application. If 
the appropriate fee has not been received by EPA by the payment due 
date, the application will be placed in an inactive file with no 
further action taken by EPA.
    (d) Payment Procedures. Each remittance to EPA under this section 
shall be in United States currency and shall be paid by certified 
check, personal or business check, or money order made payable to the 
order of the ``U.S. ENVIRONMENTAL PROTECTION AGENCY'' and sent to: U.S. 
EPA, Washington Financial Management 

[[Page 41817]]
Center, Radon Proficiency Program User Fees (IRAA), P.O. Box 952491, 
St. Louis, Missouri, 63195-2491. The fee payment shall include the 
original copy of the EPA payment invoice. Collection of fees will begin 
in the calendar year beginning January 1, 1995. Specific guidance on 
how and when fees must be paid can be found in How to Pay Your Radon 
Proficiency Programs User Fees, U.S. EPA/Office of Radiation and Indoor 
Air. Copies of this document can be obtained by contacting the RIS at 
(334) 272-2797 or by FAX at (334) 260-9051.
    (e) Adjustment of Fees. (1) EPA shall collect 100 percent of its 
operating costs associated with its radon proficiency programs by 
calendar year 1998. As necessary, EPA shall adjust the fees established 
by this subpart each year over the next four years to collect the 
following percentages of program costs:

------------------------------------------------------------------------
    Year 1         Year 2         Year 3         Year 4        Year 5   
------------------------------------------------------------------------
30%..........       47.5%            65%          82.5%           100%  
------------------------------------------------------------------------

Actual fees for each fiscal year will be calculated based on program 
costs and participation rates. New fee schedules will be published in 
the Federal Register as a technical amendment final rule to this part 
to become effective 30 days or more after publication.
    (2) EPA will use a three-step process to adjust the fees annually. 
First, EPA will estimate the costs of providing each of the proficiency 
programs for the upcoming year. EPA will account for future additional 
fixed costs (e.g., updating examinations) and increases/decreases in 
variable costs due to inflation and other factors. In order to 
calculate increases/decreases in costs due to inflation, EPA may use 
one of the three following indices: the Federal General Schedule (GS) 
pay scale, the Consumer Price Index (CPI), and/or a component of the 
CPI, such as services. Second, EPA will estimate the number of 
participants for each program. At a minimum, these participation rates 
will be based on past and current program participation rates. Third, 
EPA shall calculate the per capita costs that individuals and 
organizations should pay to enable it to recover its fixed and variable 
costs each year for each program. EPA shall also consider potential 
industry impacts as it adjusts to levels to ultimately achieve full 
cost recovery over the period of five years.

[FR Doc. 95-20008 Filed 8-11-95; 8:45 am]
BILLING CODE 6560-50-P