I 
111TH CONGRESS 
1ST SESSION H. R. 3106 
To amend the Solid Waste Disposal Act to direct the Administrator of 
the Environmental Protection Agency to establish a hazardous waste 
electronic manifest system. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2009 
Mr. PRICE of North Carolina introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
A BILL 
To amend the Solid Waste Disposal Act to direct the Admin-
istrator of the Environmental Protection Agency to es-
tablish a hazardous waste electronic manifest system. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hazardous Waste 
Electronic Manifest Establishment Act’’. 
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SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYS-
TEM. 
(a) IN GENERAL.—Subtitle C of the Solid Waste Dis-
posal Act (42 U.S.C. 6921 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST 
SYSTEM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BOARD.—The term ‘Board’ means the 
Hazardous Waste Electronic Manifest System Advi-
sory Board established under subsection (f). 
‘‘(2) FUND.—The term ‘Fund’ means the Haz-
ardous Waste Electronic Manifest System Fund es-
tablished by subsection (d). 
‘‘(3) PERSON.—The term ‘person’ includes an 
individual, corporation (including a Government cor-
poration), company, association, firm, partnership, 
society, joint stock company, trust, municipality, 
commission, Federal agency, State, political subdivi-
sion of a State, or interstate body. 
‘‘(4) SYSTEM.—The term ‘system’ means the 
hazardous waste electronic manifest system estab-
lished under subsection (b). 
‘‘(5) USER.—The term ‘user’ means a haz-
ardous waste generator, a hazardous waste trans-
porter, an owner or operator of a hazardous waste 
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treatment, storage, recycling, or disposal facility, or 
any other person that— 
‘‘(A) is required to use a manifest to com-
ply 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 com-
plete and transmit an electronic manifest for-
mat; or 
‘‘(ii) submits to the system for data proc-
essing 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 sys-
tem that may be used by any user. 
‘‘(c) USER FEES.— 
‘‘(1) IN GENERAL.—The Administrator may im-
pose on users such reasonable service fees as the Ad-
ministrator determines to be necessary to pay costs 
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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 Adminis-
trator shall— 
‘‘(A) collect the fees described in para-
graph (1) from the users in advance of, or as 
reimbursement for, the provision by the Admin-
istrator 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 ven-
dors, 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 sys-
tem-related services, including costs relating 
to— 
‘‘(i) materials and supplies; 
‘‘(ii) contracting and consulting; 
‘‘(iii) overhead; 
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