Text: S.710 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-195 (10/05/2012)

 
[112th Congress Public Law 195]
[From the U.S. Government Printing Office]



[[Page 1451]]

          HAZARDOUS WASTE ELECTRONIC MANIFEST ESTABLISHMENT ACT

[[Page 126 STAT. 1452]]

Public Law 112-195
112th Congress

                                 An Act


 
To amend the Solid Waste Disposal Act to direct the Administrator of the 
     Environmental Protection Agency to establish a hazardous waste 
     electronic manifest system. <<NOTE: Oct. 5, 2012 -  [S. 710]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hazardous Waste 
Electronic Manifest Establishment Act. 42 USC 6901 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hazardous Waste Electronic Manifest 
Establishment Act''.
SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.

    (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 
U.S.C. 6921 et seq.) is amended by adding at the end the following:
``SEC. 3024. <<NOTE: 42 USC 6939g.>> 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

[[Page 126 STAT. 1453]]

                copy), in accordance with such regulations as the 
                Administrator may promulgate to require such a 
                submission.

    ``(b) Establishment.--Not <<NOTE: Deadline.>> 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.--In accordance with paragraph (4), 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.
            ``(3) Fee structure.--
                    ``(A) In general.--
                The <<NOTE: Determination.>> 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--
                          ``(i) contractor 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) reporting and accounting; 
                                and
                                    ``(VIII) project management; and
                          ``(ii) costs of employment of direct and 
                      indirect Government personnel dedicated to 
                      establishing, managing, and maintaining the 
                      system.
                    ``(B) Adjustments in fee amount.--
                          ``(i) In general.--The Administrator, in 
                      consultation with the Board, shall increase or 
                      decrease the 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 and not more than 
                                reasonably necessary 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

[[Page 126 STAT. 1454]]

                      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)(3), 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.
            ``(4) Crediting and availability of fees.--Fees authorized 
        under this section shall be collected and available for 
        obligation only to the extent and in the amount provided in 
        advance in appropriations Acts.

    ``(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 
        such amounts as are deposited in the Fund under subsection 
        (c)(2)(B).
            ``(2) Expenditures from fund.--
                    ``(A) In general.--Only to the extent provided in 
                advance in appropriations Acts, on request by the 
                Administrator, the Secretary of the Treasury shall 
                transfer from the Fund to the Administrator amounts 
                appropriated to pay costs incurred in developing, 
                operating, maintaining, and upgrading the system under 
                subsection (c).
                    ``(B) Use of funds by administrator.--Fees collected 
                by the Administrator and deposited in the Fund under 
                this section shall be available to the Administrator 
                subject to appropriations Acts for use in accordance 
                with this section without fiscal year limitation.
                    ``(C) Oversight of funds.--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.
            ``(3) Accounting and auditing.--
                    ``(A) Accounting.--For <<NOTE: Time 
                period. Reports.>> each 2-fiscal-year period, the 
                Administrator shall prepare and submit to the Committee 
                on Environment and Public Works and the Committee on 
                Appropriations of the Senate and the Committee on Energy 
                and Commerce and the Committee on Appropriations 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--

[[Page 126 STAT. 1455]]

                                    ``(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) <<NOTE: Deadline. Reports.>> conduc
                                t 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.--After consultation with the Secretary of Transportation, 
        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') for the provision of system-related services.
            ``(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

[[Page 126 STAT. 1456]]

                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; 
                and
                    ``(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.
            ``(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 
                may cancel or terminate the contract.
                    ``(B) 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.
            ``(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 <<NOTE: Deadline.>> 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.--

[[Page 126 STAT. 1457]]

            ``(1) Promulgation.--
                    ``(A) In general.--Not <<NOTE: Deadline.>> later 
                than 1 year after the date of enactment of this section, 
                after consultation with the Secretary of Transportation, 
                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 
                      accountability 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 such 
        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.

    ``(i) <<NOTE: Appropriations authorization.>>  Authorization for 
Start-up Activities.--There are authorized to be appropriated $2,000,000 
for each of fiscal years 2013 through 2015 for start-up activities to 
carry out this section, to be offset by collection of user fees under 
subsection (c) such that all such appropriated funds are offset by fees 
as provided in subsection (c).''.

[[Page 126 STAT. 1458]]

    (b) Conforming Amendment.--The table of contents of the Solid Waste 
Disposal Act (42 U.S.C. 6901) is amended by inserting at the end of the 
items relating to subtitle C the following:

``Sec. 3024. Hazardous waste electronic manifest system.''.

    Approved October 5, 2012.

LEGISLATIVE HISTORY--S. 710:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-654 (Comm. on Energy and Commerce).
SENATE REPORTS: No. 112-20 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
                                                        Vol. 157 (2011):
                                    Aug. 2, considered and passed 
                                        Senate.
                                                        Vol. 158 (2012):
                                    Sept. 11, considered and passed 
                                        House, amended.
                                    Sept. 21, Senate concurred in House 
                                        amendment.

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