IB 

Union Calendar No. 472 

112TH CONGRESS 

2D SESSION S. 710 

[Report No. 112–654] 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2012 

Referred to the Committee on Energy and Commerce 

SEPTEMBER 10, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of Senate passed bill, see copy of bill as printed in the House on July 24, 2012] 


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A BILL 

To amend the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish a hazardous waste electronic manifest system. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hazardous Waste Elec5 tronic Manifest Establishment Act’’. 

6 SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYS7 TEM. 

8 (a) IN GENERAL.—Subtitle C of the Solid Waste Dis9 posal Act (42 U.S.C. 6921 et seq.) is amended by adding 

10 at the end the following: 

11 ‘‘SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST 

12 SYSTEM. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) BOARD.—The term ‘Board’ means the Haz15 ardous Waste Electronic Manifest System Advisory 

16 Board established under subsection (f). 

17 ‘‘(2) FUND.—The term ‘Fund’ means the Haz18 ardous Waste Electronic Manifest System Fund estab19 lished by subsection (d). 

20 ‘‘(3) PERSON.—The term ‘person’ includes an in21 dividual, corporation (including a Government cor22 poration), company, association, firm, partnership, 

23 society, joint stock company, trust, municipality, 

24 commission, Federal agency, State, political subdivi25 sion of a State, or interstate body. 


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1 ‘‘(4) SYSTEM.—The term ‘system’ means the haz2 ardous waste electronic manifest system established 

3 under subsection (b). 

4 ‘‘(5) USER.—The term ‘user’ means a hazardous 

5 waste generator, a hazardous waste transporter, an 

6 owner or operator of a hazardous waste treatment, 

7 storage, recycling, or disposal facility, or any other 

8 person that— 

9 ‘‘(A) is required to use a manifest to comply 

10 with any Federal or State requirement to track 

11 the shipment, transportation, and receipt of haz12 ardous waste or other material that is shipped 

13 from the site of generation to an off-site facility 

14 for treatment, storage, disposal, or recycling; and 

15 ‘‘(B)(i) elects to use the system to complete 

16 and transmit an electronic manifest format; or 

17 ‘‘(ii) submits to the system for data proc18 essing purposes a paper copy of the manifest (or 

19 data from such a paper copy), in accordance 

20 with such regulations as the Administrator may 

21 promulgate to require such a submission. 

22 ‘‘(b) ESTABLISHMENT.—Not later than 3 years after 

23 the date of enactment of this section, the Administrator 

24 shall establish a hazardous waste electronic manifest system 

25 that may be used by any user. 


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1 ‘‘(c) USER FEES.— 

2 ‘‘(1) IN GENERAL.—In accordance with para3 graph (4), the Administrator may impose on users 

4 such reasonable service fees as the Administrator de5 termines to be necessary to pay costs incurred in de6 veloping, operating, maintaining, and upgrading the 

7 system, including any costs incurred in collecting and 

8 processing data from any paper manifest submitted to 

9 the system after the date on which the system enters 

10 operation. 

11 ‘‘(2) COLLECTION OF FEES.—The Administrator 

12 shall— 

13 ‘‘(A) collect the fees described in paragraph 

14 (1) from the users in advance of, or as reim15 bursement for, the provision by the Adminis16 trator of system-related services; and 

17 ‘‘(B) deposit the fees in the Fund. 

18 ‘‘(3) FEE STRUCTURE.— 

19 ‘‘(A) IN GENERAL.—The Administrator, in 

20 consultation with information technology ven21 dors, shall determine through the contract award 

22 process described in subsection (e) the fee struc23 ture that is necessary to recover the full cost to 

24 the Administrator of providing system-related 

25 services, including— 


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1 ‘‘(i) contractor costs relating to— 

2 ‘‘(I) materials and supplies; 

3 ‘‘(II) contracting and consulting; 

4 ‘‘(III) overhead; 

5 ‘‘(IV) information technology (in6 cluding costs of hardware, software, 

7 and related services); 

8 ‘‘(V) information management; 

9 ‘‘(VI) collection of service fees; 

10 ‘‘(VII) reporting and accounting; 

11 and 

12 ‘‘(VIII) project management; and 

13 ‘‘(ii) costs of employment of direct and 

14 indirect Government personnel dedicated to 

15 establishing, managing, and maintaining 

16 the system. 

17 ‘‘(B) ADJUSTMENTS IN FEE AMOUNT.— 

18 ‘‘(i) IN GENERAL.—The Administrator, 

19 in consultation with the Board, shall in20 crease or decrease the amount of a service 

21 fee determined under the fee structure de22 scribed in subparagraph (A) to a level that 

23 will— 

24 ‘‘(I) result in the collection of an 

25 aggregate amount for deposit in the 


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1 Fund that is sufficient and not more 

2 than reasonably necessary to cover cur3 rent and projected system-related costs 

4 (including any necessary system up5 grades); and 

6 ‘‘(II) minimize, to the maximum 

7 extent practicable, the accumulation of 

8 unused amounts in the Fund. 

9 ‘‘(ii) EXCEPTION FOR INITIAL PERIOD

10 OF OPERATION.—The requirement described 

11 in clause (i)(II) shall not apply to any ad12 ditional fees that accumulate in the Fund, 

13 in an amount that does not exceed 

14 $2,000,000, during the 3-year period begin15 ning on the date on which the system enters 

16 operation. 

17 ‘‘(iii) TIMING OF ADJUSTMENTS.—Ad18 justments to service fees described in clause 

19 (i) shall be made— 

20 ‘‘(I) initially, at the time at 

21 which initial development costs of the 

22 system have been recovered by the Ad23 ministrator such that the service fee 

24 may be reduced to reflect the elimiVerDate Mar 15 2010 22:02 Sep 10, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S710.RH S710

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1 nation of the system development com2 ponent of the fee; and 

3 ‘‘(II) periodically thereafter, upon 

4 receipt and acceptance of the findings 

5 of any annual accounting or auditing 

6 report under subsection (d)(3), if the 

7 report discloses a significant disparity 

8 for a fiscal year between the funds col9 lected from service fees under this sub10 section for the fiscal year and expendi11 tures made for the fiscal year to pro12 vide system-related services. 

13 ‘‘(4) CREDITING AND AVAILABILITY OF FEES.— 

14 Fees authorized under this section shall be collected 

15 and available for obligation only to the extent and in 

16 the amount provided in advance in appropriations 

17 Acts. 

18 ‘‘(d) HAZARDOUS WASTE ELECTRONIC MANIFEST

19 SYSTEM FUND.— 

20 ‘‘(1) ESTABLISHMENT.—There is established in 

21 the Treasury of the United States a revolving fund, 

22 to be known as the ‘Hazardous Waste Electronic 

23 Manifest System Fund’, consisting of such amounts 

24 as are deposited in the Fund under subsection 

25 (c)(2)(B). 


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1 ‘‘(2) EXPENDITURES FROM FUND.— 

2 ‘‘(A) IN GENERAL.—Only to the extent pro3 vided in advance in appropriations Acts, on re4 quest by the Administrator, the Secretary of the 

5 Treasury shall transfer from the Fund to the Ad6 ministrator amounts appropriated to pay costs 

7 incurred in developing, operating, maintaining, 

8 and upgrading the system under subsection (c). 

9 ‘‘(B) USE OF FUNDS BY ADMINISTRATOR.— 

10 Fees collected by the Administrator and depos11 ited in the Fund under this section shall be 

12 available to the Administrator subject to appro13 priations Acts for use in accordance with this 

14 section without fiscal year limitation. 

15 ‘‘(C) OVERSIGHT OF FUNDS.—The Adminis16 trator shall carry out all necessary measures to 

17 ensure that amounts in the Fund are used only 

18 to carry out the goals of establishing, operating, 

19 maintaining, upgrading, managing, supporting, 

20 and overseeing the system. 

21 ‘‘(3) ACCOUNTING AND AUDITING.— 

22 ‘‘(A) ACCOUNTING.—For each 2-fiscal-year 

23 period, the Administrator shall prepare and sub24 mit to the Committee on Environment and Pub25 lic Works and the Committee on Appropriations 


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1 of the Senate and the Committee on Energy and 

2 Commerce and the Committee on Appropriations 

3 of the House of Representatives a report that in4 cludes— 

5 ‘‘(i) an accounting of the fees paid to 

6 the Administrator under subsection (c) and 

7 disbursed from the Fund for the period cov8 ered by the report, as reflected by financial 

9 statements provided in accordance with— 

10 ‘‘(I) the Chief Financial Officers 

11 Act of 1990 (Public Law 101–576; 104 

12 Stat. 2838) and amendments made by 

13 that Act; and 

14 ‘‘(II) the Government Manage15 ment Reform Act of 1994 (Public Law 

16 103–356; 108 Stat. 3410) and amend17 ments made by that Act; and 

18 ‘‘(ii) an accounting describing actual 

19 expenditures from the Fund for the period 

20 covered by the report for costs described in 

21 subsection (c)(1). 

22 ‘‘(B) AUDITING.— 

23 ‘‘(i) IN GENERAL.—For the purpose of 

24 section 3515(c) of title 31, United States 


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1 Code, the Fund shall be considered a compo2 nent of an Executive agency. 

3 ‘‘(ii) COMPONENTS OF AUDIT.—The 

4 annual audit required in accordance with 

5 sections 3515(b) and 3521 of title 31, 

6 United States Code, of the financial state7 ments of activities carried out using 

8 amounts from the Fund shall include an 

9 analysis of— 

10 ‘‘(I) the fees collected and dis11 bursed under this section; 

12 ‘‘(II) the reasonableness of the fee 

13 structure in place as of the date of the 

14 audit to meet current and projected 

15 costs of the system; 

16 ‘‘(III) the level of use of the sys17 tem by users; and 

18 ‘‘(IV) the success to date of the 

19 system in operating on a self-sus20 taining basis and improving the effi21 ciency of tracking waste shipments and 

22 transmitting waste shipment data. 

23 ‘‘(iii) FEDERAL RESPONSIBILITY.—The 

24 Inspector General of the Environmental 

25 Protection Agency shall— 


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1 ‘‘(I) conduct the annual audit de2 scribed in clause (ii); and 

3 ‘‘(II) submit to the Administrator 

4 a report that describes the findings and 

5 recommendations of the Inspector Gen6 eral resulting from the audit. 

7 ‘‘(e) CONTRACTS.— 

8 ‘‘(1) AUTHORITY TO ENTER INTO CONTRACTS

9 FUNDED BY SERVICE FEES.—The Administrator may 

10 enter into 1 or more information technology contracts 

11 with entities determined to be appropriate by the Ad12 ministrator (referred to in this subsection as ‘contrac13 tors’) for the provision of system-related services. 

14 ‘‘(2) TERM OF CONTRACT.—A contract awarded 

15 under this subsection shall have a term of not more 

16 than 10 years. 

17 ‘‘(3) ACHIEVEMENT OF GOALS.—The Adminis18 trator shall ensure, to the maximum extent prac19 ticable, that a contract awarded under this sub20 section— 

21 ‘‘(A) is performance-based; 

22 ‘‘(B) identifies objective outcomes; and 

23 ‘‘(C) contains performance standards that 

24 may be used to measure achievement and goals 

25 to evaluate the success of a contractor in perVerDate Mar 15 2010 22:02 Sep 10, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S710.RH S710

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1 forming under the contract and the right of the 

2 contractor to payment for services under the con3 tract, taking into consideration that a primary 

4 measure of successful performance shall be the 

5 development of a hazardous waste electronic 

6 manifest system that— 

7 ‘‘(i) meets the needs of the user commu8 nity (including States that rely on data 

9 contained in manifests); 

10 ‘‘(ii) attracts sufficient user participa11 tion and service fee revenues to ensure the 

12 viability of the system; 

13 ‘‘(iii) decreases the administrative bur14 den on the user community; and 

15 ‘‘(iv) provides the waste receipt data 

16 applicable to the biennial reports required 

17 by section 3002(a)(6). 

18 ‘‘(4) PAYMENT STRUCTURE.—Each contract 

19 awarded under this subsection shall include a provi20 sion that specifies— 

21 ‘‘(A) the service fee structure of the con22 tractor that will form the basis for payments to 

23 the contractor; and 

24 ‘‘(B) the fixed-share ratio of monthly service 

25 fee revenues from which the Administrator shall 


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1 reimburse the contractor for system-related devel2 opment, operation, and maintenance costs. 

3 ‘‘(5) CANCELLATION AND TERMINATION.— 

4 ‘‘(A) IN GENERAL.—If the Administrator 

5 determines that sufficient funds are not made 

6 available for the continuation in a subsequent 

7 fiscal year of a contract entered into under this 

8 subsection, the Administrator may cancel or ter9 minate the contract. 

10 ‘‘(B) NEGOTIATION OF AMOUNTS.—The 

11 amount payable in the event of cancellation or 

12 termination of a contract entered into under this 

13 subsection shall be negotiated with the contractor 

14 at the time at which the contract is awarded. 

15 ‘‘(6) NO EFFECT ON OWNERSHIP.—Regardless of 

16 whether the Administrator enters into a contract 

17 under this subsection, the system shall be owned by 

18 the Federal Government. 

19 ‘‘(f) HAZARDOUS WASTE ELECTRONIC MANIFEST SYS20 TEM ADVISORY BOARD.— 

21 ‘‘(1) ESTABLISHMENT.—Not later than 3 years 

22 after the date of enactment of this section, the Admin23 istrator shall establish a board to be known as the 

24 ‘Hazardous Waste Electronic Manifest System Advi25 sory Board’. 


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1 ‘‘(2) COMPOSITION.—The Board shall be com2 posed of 9 members, of which— 

3 ‘‘(A) 1 member shall be the Administrator 

4 (or a designee), who shall serve as Chairperson 

5 of the Board; and 

6 ‘‘(B) 8 members shall be individuals ap7 pointed by the Administrator— 

8 ‘‘(i) at least 2 of whom shall have ex9 pertise in information technology; 

10 ‘‘(ii) at least 3 of whom shall have ex11 perience in using or represent users of the 

12 manifest system to track the transportation 

13 of hazardous waste under this subtitle (or 

14 an equivalent State program); and 

15 ‘‘(iii) at least 3 of whom shall be a 

16 State representative responsible for proc17 essing those manifests. 

18 ‘‘(3) DUTIES.—The Board shall meet annually to 

19 discuss, evaluate the effectiveness of, and provide rec20 ommendations to the Administrator relating to, the 

21 system. 

22 ‘‘(g) REGULATIONS.— 

23 ‘‘(1) PROMULGATION.— 

24 ‘‘(A) IN GENERAL.—Not later than 1 year 

25 after the date of enactment of this section, the 


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1 Administrator shall promulgate regulations to 

2 carry out this section. 

3 ‘‘(B) INCLUSIONS.—The regulations pro4 mulgated pursuant to subparagraph (A) may in5 clude such requirements as the Administrator de6 termines to be necessary to facilitate the transi7 tion from the use of paper manifests to the use 

8 of electronic manifests, or to accommodate the 

9 processing of data from paper manifests in the 

10 electronic manifest system, including a require11 ment that users of paper manifests submit to the 

12 system copies of the paper manifests for data 

13 processing purposes. 

14 ‘‘(C) REQUIREMENTS.—The regulations 

15 promulgated pursuant to subparagraph (A) shall 

16 ensure that each electronic manifest provides, to 

17 the same extent as paper manifests under appli18 cable Federal and State law, for— 

19 ‘‘(i) the ability to track and maintain 

20 legal accountability of— 

21 ‘‘(I) the person that certifies that 

22 the information provided in the mani23 fest is accurately described; and 

24 ‘‘(II) the person that acknowledges 

25 receipt of the manifest; 


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1 ‘‘(ii) if the manifest is electronically 

2 submitted, State authority to access paper 

3 printout copies of the manifest from the sys4 tem; and 

5 ‘‘(iii) access to all publicly available 

6 information contained in the manifest. 

7 ‘‘(2) EFFECTIVE DATE OF REGULATIONS.—Any 

8 regulation promulgated by the Administrator under 

9 paragraph (1) and in accordance with section 3003 

10 relating to electronic manifesting of hazardous waste 

11 shall take effect in each State as of the effective date 

12 specified in the regulation. 

13 ‘‘(3) ADMINISTRATION.—The Administrator shall 

14 carry out regulations promulgated under this sub15 section in each State unless the State program is fully 

16 authorized to carry out such regulations in lieu of the 

17 Administrator. 

18 ‘‘(h) REQUIREMENT OF COMPLIANCE WITH RESPECT

19 TO CERTAIN STATES.—In any case in which the State in 

20 which waste is generated, or the State in which waste will 

21 be transported to a designated facility, requires that the 

22 waste be tracked through a hazardous waste manifest, the 

23 designated facility that receives the waste shall, regardless 

24 of the State in which the facility is located— 


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1 ‘‘(1) complete the facility portion of the applica2 ble manifest; 

3 ‘‘(2) sign and date the facility certification; and 

4 ‘‘(3) submit to the system a final copy of the 

5 manifest for data processing purposes. 

6 ‘‘(i) AUTHORIZATION FOR START-UP ACTIVITIES.— 

7 There are authorized to be appropriated $2,000,000 for each 

8 of fiscal years 2013 through 2015 for start-up activities to 

9 carry out this section, to be offset by collection of user fees 

10 under subsection (c) such that all such appropriated funds 

11 are offset by fees as provided in subsection (c).’’. 

12 (b) CONFORMING AMENDMENT.—The table of contents 

13 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amend14 ed by inserting at the end of the items relating to subtitle 

15 C the following: 

‘‘Sec. 3024. Hazardous waste electronic manifest system.’’. 


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Union Calendar No. 472 

112TH CONGRESS 

2D SESSION S. 710 

[Report No. 112–654] 

A BILL 

To amend the Solid Waste Disposal Act to direct 

tronic manifest system. tion Agency to establish a hazardous waste electhe Administrator of the Environmental ProtecSEPTEMBER 10, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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