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: Fee i Year 2 = Fee i Year1 × (CPI Year2-2 /CPI Year2-1 ) 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 CPI Year2-2 /CPI Year2-1 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: Revenue Recapture i = [(N iYear1 + N iYear2 ) Actual − (N iYear1 + N iYear2 ) Est ] × Fee i(Ave) Where: Revenue Recapture i is the amount of fee revenue recaptured for each type of manifest submission “ i ;” (N iYear1 + N iYear2 ) Actual − (N iYear1 + N iYear2 ) 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 Fee i(Ave) is the average fee charged per manifest type over the previous two-year cycle.