Code of Federal Regulations Title 40. Protection of Environment § 40.265.1313 User fee revisions

(a) Revision schedule.

(b) Inflation adjuster. The second year of each two-year fee schedule shall be adjusted for inflation by using the following adjustment formula:

Feei_Year 2 = Feei_Year1 x (CPI_Year2–2 /CPI_Year2–1)

Where:

Feei_Year2 is the Fee for each type of manifest submission “i” in Year 2 of the fee cycle;

Feei_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] x 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.