Generators are the largest and most diverse category of industrial entities subject to RCRA manifest requirements and therefore affected by the rule. Generators include any facility that produces listed or characteristic hazardous waste as defined in 40 CFR Part 261 or any other waste defined as hazardous by a state authorized to implement RCRA. Generators fall into five categories of relevance related to the rulemaking. Three of them, Federal Large Quantity Generators (LQGs), Federal Small Quantity Generators (SQGs), Federal Conditionally Exempt Small Quantity Generators (CESQGs), are defined in the federal RCRA program. Two other categories reflect specific state programs: generators of state (non-federal) hazardous wastes and generators of hazardous wastes that are exempt from federal RCRA manifest requirements but subject to state manifest requirements. Generators that treat waste onsite and do not ship it offsite are not required to use manifests are not in the universe affected by the rule.

The way in which generators develop manifests and therefore interact with the e-Manifest system will likely vary across the universe. Larger, more sophisticated generators may initiate manifests (i.e., create the manifest and enter relevant material, quantity, and shipment information), while smaller generators may allow the receiving TSDF to initiate manifests on their behalf. EPA anticipates that all generators (even those who still generate paper manifests) will use the e-Manifest system to meet requirements for ensuring their waste has been successfully been shipped and their manifests have been successfully finalized and submitted.

Throughout this chapter and the remainder of this RIA, the term "shipper" is used to describe the subset of hazardous waste generators in each category who ship their hazardous waste off-site and are therefore subject to the final rule. This RIA avoids describing these entities solely as "generators" because different types of generators are specifically defined by RCRA, and include facilities not affected by the rule.

<IP_ADDRESS> Large Quantity Generators

Large quantity generators (LQGs) are facilities that produce greater than or equal to 1,000 kilograms of hazardous waste in a month or greater than 1 kg of acute hazardous waste in a month. LQGs are required to report their activities to EPA; as a result, according to the 2015 RCRA Biennial Report summary data, approximately 74 percent of the facilities reporting waste shipments off-site are LQGs (19,334 facilities).

National and State Counts of LQG Facilities and non-LQG TSDF Shipper Facilities

The RCRA Biennial Report reflects data compiled from waste reports submitted by LQG facilities as a part of their reporting obligations under RCRA, and provides a comprehensive overview of the LQG universe that may be subject to the final rule. The Biennial Report identifies LQGs as facilities that generate hazardous wastes above certain quantities as a byproduct of primary operations. The Biennial Report also identifies shipper facilities that are TSDFs, a category of facilities that has been interpreted in prior RCRA hazardous waste manifest ICRs and economic analyses as TSDF facilities that are similar to LQGs because they ship waste offsite to other TSDFs in sufficient quantities to meet LQG classification thresholds. Both LQG and non-LQG shipping TSDFs are considered potentially affected facilities and counted in this RIA.

According to the 2015 RCRA Biennial Report 19,410 facilities operating in 2015 generated sufficient quantities of hazardous (or acutely hazardous) waste to meet the LQG threshold. The 2015 Biennial Report data indicate that 19,420 LQGs and non-LQG TSDF shippers shipped hazardous waste offsite for treatment in 2015; these facilities are subject to manifest requirements and affected by the final rule.

The geographic distribution of LQGs and non-LQG TSDF shippers is similar to that of receiver TSDFs. Exhibit 2-3 displays Biennial Report data on LQG locations; about half of the LQGs (approximately 57 percent) reported in the 2015 RCRA Biennial Report data are located in 10 states. The number of LQGs and non-LQG TSDF shippers varies considerably across states. California, the state with the most reported LQGs and non-LQG TSDF shippers, has 2,367, while Wyoming, the state with the fewest reported number of LQGs and non-LQG TSDF shippers (excluding U.S. territories), has 14.

                                  Exhibit 2-3
Count of LQGs and Non-LQG TSDF shippers by State from the 2015 RCRA Biennial Report
                                     Item
                                       A
                                       B
                                       C
                                       D
                                       E
                                       F

                                     State
                            LQG Shipper Facilities
                        Non-LQG TSDF Shipper Facilities
                                     Total
                                    (B + C)
                                 National Rank
                        % of National Total (D/19,420)
                                       1
Alabama
                                                                           364
                                                                           -
                                                                           364
                                                                             19
                                                                           1.9%
                                       2
Alaska
                                                                            27
                                                                             1
                                                                            28
                                                                             50
                                                                           0.1%
                                       3
Arizona
                                                                           256
                                                                             1
                                                                           257
                                                                             25
                                                                           1.3%
                                       4
Arkansas
                                                                            97
                                                                             1
                                                                            98
                                                                             38
                                                                           0.5%
                                       5
California
                                                                         2,325
                                                                            42
                                                                         2,367
                                                                              1
                                                                          12.2%
                                       6
Colorado
                                                                           136
                                                                           -
                                                                           136
                                                                             35
                                                                           0.7%
                                       7
Connecticut
                                                                           376
                                                                           -
                                                                           376
                                                                             18
                                                                           1.9%
                                       8
Delaware
                                                                            68
                                                                           -
                                                                            68
                                                                             43
                                                                           0.4%
                                       9
District of Columbia
                                                                            66
                                                                           -
                                                                            66
                                                                             44
                                                                           0.3%
                                      10
Florida
                                                                           422
                                                                           -
                                                                           422
                                                                             12
                                                                           2.2%
                                      11
Georgia
                                                                           623
                                                                             3
                                                                           626
                                                                              9
                                                                           3.2%
                                      12
Guam
                                                                            12
                                                                           -
                                                                            12
                                                                             53
                                                                           0.1%
                                      13
Hawaii
                                                                            70
                                                                           -
                                                                            70
                                                                             42
                                                                           0.4%
                                      14
Idaho
                                                                            31
                                                                           -
                                                                            31
                                                                             48
                                                                           0.2%
                                      15
Illinois
                                                                           852
                                                                           -
                                                                           852
                                                                              6
                                                                           4.4%
                                      16
Indiana
                                                                           660
                                                                           -
                                                                           660
                                                                              8
                                                                           3.4%
                                      17
Iowa
                                                                           153
                                                                             1
                                                                           154
                                                                             30
                                                                           0.8%
                                      18
Kansas
                                                                           207
                                                                             3
                                                                           210
                                                                             27
                                                                           1.1%
                                      19
Kentucky
                                                                           303
                                                                           -
                                                                           303
                                                                             24
                                                                           1.6%
                                      20
Louisiana
                                                                           420
                                                                             2
                                                                           422
                                                                             12
                                                                           2.2%
                                      21
Maine
                                                                            89
                                                                           -
                                                                            89
                                                                             40
                                                                           0.5%
                                      22
Maryland
                                                                           320
                                                                             2
                                                                           322
                                                                             22
                                                                           1.7%
                                      23
Massachusetts
                                                                           604
                                                                           -
                                                                           604
                                                                             10
                                                                           3.1%
                                      24
Michigan
                                                                           325
                                                                             3
                                                                           328
                                                                             21
                                                                           1.7%
                                      25
Minnesota
                                                                           341
                                                                             1
                                                                           342
                                                                             20
                                                                           1.8%
                                      26
Mississippi
                                                                           140
                                                                             1
                                                                           141
                                                                             32
                                                                           0.7%
                                      27
Missouri
                                                                           394
                                                                             2
                                                                           396
                                                                             17
                                                                           2.0%
                                      28
Montana
                                                                            48
                                                                           -
                                                                            48
                                                                             46
                                                                           0.2%
                                      29
Navajo Nation
                                                                           -
                                                                           -
                                                                           -
                                                                             55
                                                                           0.0%
                                      30
Nebraska
                                                                            77
                                                                             2
                                                                            79
                                                                             41
                                                                           0.4%
                                      31
Nevada
                                                                           103
                                                                           -
                                                                           103
                                                                             37
                                                                           0.5%
                                      32
New Hampshire
                                                                           141
                                                                           -
                                                                           141
                                                                             32
                                                                           0.7%
                                      33
New Jersey
                                                                           709
                                                                             3
                                                                           712
                                                                              7
                                                                           3.7%
                                      34
New Mexico
                                                                            52
                                                                           -
                                                                            52
                                                                             45
                                                                           0.3%
                                      35
New York
                                                                         2,142
                                                                             1
                                                                         2,143
                                                                              2
                                                                          11.0%
                                      36
North Carolina
                                                                           407
                                                                             2
                                                                           409
                                                                             16
                                                                           2.1%
                                      37
North Dakota
                                                                            22
                                                                           -
                                                                            22
                                                                             51
                                                                           0.1%
                                      38
Ohio
                                                                           963
                                                                             4
                                                                           967
                                                                              4
                                                                           5.0%
                                      39
Oklahoma
                                                                           171
                                                                           -
                                                                           171
                                                                             28
                                                                           0.9%
                                      40
Oregon
                                                                           155
                                                                             2
                                                                           157
                                                                             29
                                                                           0.8%
                                      41
Pennsylvania
                                                                           920
                                                                           -
                                                                           920
                                                                              5
                                                                           4.7%
                                      42
Puerto Rico
                                                                            90
                                                                           -
                                                                            90
                                                                             39
                                                                           0.5%
                                      43
Rhode Island
                                                                           138
                                                                           -
                                                                           138
                                                                             34
                                                                           0.7%
                                      44
South Carolina
                                                                           417
                                                                           -
                                                                           417
                                                                             14
                                                                           2.1%
                                      45
South Dakota
                                                                            30
                                                                           -
                                                                            30
                                                                             49
                                                                           0.2%
                                      46
Tennessee
                                                                           241
                                                                             1
                                                                           242
                                                                             26
                                                                           1.2%
                                      47
Texas
                                                                         1,315
                                                                             1
                                                                         1,316
                                                                              3
                                                                           6.8%
                                      48
Trust Territories
                                                                           -
                                                                           -
                                                                           -
                                                                             55
                                                                           0.0%
                                      49
Utah
                                                                           109
                                                                           -
                                                                           109
                                                                             36
                                                                           0.6%
                                      50
Vermont
                                                                            37
                                                                           -
                                                                            37
                                                                             47
                                                                           0.2%
                                      51
Virgin Islands
                                                                             1
                                                                           -
                                                                             1
                                                                             54
                                                                           0.0%
                                      52
Virginia
                                                                           318
                                                                             3
                                                                           321
                                                                             23
                                                                           1.7%
                                      53
Washington
                                                                           473
                                                                             2
                                                                           475
                                                                             11
                                                                           2.4%
                                      54
West Virginia
                                                                           144
                                                                             1
                                                                           145
                                                                             31
                                                                           0.7%
                                      55
Wisconsin
                                                                           416
                                                                             1
                                                                           417
                                                                             14
                                                                           2.1%
                                      56
Wyoming
                                                                            14
                                                                           -
                                                                            14
                                                                             52
                                                                           0.1%
                                                                          Total
                                                                         19,334
                                                                             86
                                                                         19,420

                                                                           100%
Source: 2015 RCRA Biennial Report facility summary data. Available at: https://rcrainfo.epa.gov/rcrainfoweb/action/modules/br/national/view

National and State Counts of Hazardous Waste shipped offsite for treatment by LQGs and non-LQG TSDF Shippers

The 2015 RCRA Biennial Report also provides data on the quantities of hazardous waste generated and shipped by LQGs. According to the 2015 RCRA Biennial Report, LQGs and non-LQG TSDFs generated 33,445,027 tons of hazardous waste nationally; the bulk of this waste is treated onsite by facilities that also have permitted treatment, storage, and disposal operations. According to the Biennial Report, in 2015, 6,452,123 tons of hazardous waste, about 19 percent of the tons generated, was shipped offsite for treatment, storage, or disposal, and therefore subject to accompanying manifest requirements. LQGs and non-LQG TSDF shippers in Texas shipped the largest quantity of hazardous waste offsite (792,585 tons), while LQGs and non-LQG TSDF shippers in the District of Columbia shipped the fewest (excluding U.S. territories), 644 tons (Exhibit 2-4).

                                  Exhibit 2-4
Tons of Hazardous Waste Shipped by LQGs and Non-LQG TSDF Shippers According to the 2011 RCRA Biennial Report
                                     Item
                                       A
                                       B
                                       C
                                       D

                                     State
                                 Tons Shipped
                                 National Rank
                       % of National Total (B/6,452,123)
                                       1
Alabama
                                                                       186,597
                                                                             10
                                                                           2.9%
                                       2
Alaska
                                                                         2,465
                                                                             47
                                                                           0.0%
                                       3
Arizona
                                                                        33,972
                                                                             36
                                                                           0.5%
                                       4
Arkansas
                                                                       209,286
                                                                              9
                                                                           3.2%
                                       5
California
                                                                       600,919
                                                                              2
                                                                           9.3%
                                       6
Colorado
                                                                        45,187
                                                                             28
                                                                           0.7%
                                       7
Connecticut
                                                                        41,196
                                                                             30
                                                                           0.6%
                                       8
Delaware
                                                                        12,204
                                                                             39
                                                                           0.2%
                                       9
District of Columbia
                                                                           644
                                                                             52
                                                                           0.0%
                                      10
Florida
                                                                        37,675
                                                                             33
                                                                           0.6%
                                      11
Georgia
                                                                        58,250
                                                                             25
                                                                           0.9%
                                      12
Guam
                                                                           132
                                                                             53
                                                                           0.0%
                                      13
Hawaii
                                                                           772
                                                                             51
                                                                           0.0%
                                      14
Idaho
                                                                         4,867
                                                                             43
                                                                           0.1%
                                      15
Illinois
                                                                       174,604
                                                                             12
                                                                           2.7%
                                      16
Indiana
                                                                       401,367
                                                                              5
                                                                           6.2%
                                      17
Iowa
                                                                        53,639
                                                                             26
                                                                           0.8%
                                      18
Kansas
                                                                        90,983
                                                                             18
                                                                           1.4%
                                      19
Kentucky
                                                                       169,986
                                                                             13
                                                                           2.6%
                                      20
Louisiana
                                                                       597,937
                                                                              3
                                                                           9.3%
                                      21
Maine
                                                                         2,440
                                                                             48
                                                                           0.0%
                                      22
Maryland
                                                                       127,340
                                                                             16
                                                                           2.0%
                                      23
Massachusetts
                                                                        37,901
                                                                             32
                                                                           0.6%
                                      24
Michigan
                                                                       342,737
                                                                              6
                                                                           5.3%
                                      25
Minnesota
                                                                        53,103
                                                                             27
                                                                           0.8%
                                      26
Mississippi
                                                                        84,821
                                                                             21
                                                                           1.3%
                                      27
Missouri
                                                                        86,885
                                                                             19
                                                                           1.3%
                                      28
Montana
                                                                         3,448
                                                                             45
                                                                           0.1%
                                      29
Navajo Nation
                                                                           -
                                                                             55
                                                                           0.0%
                                      30
Nebraska
                                                                        35,177
                                                                             35
                                                                           0.5%
                                      31
Nevada
                                                                        15,177
                                                                             38
                                                                           0.2%
                                      32
New Hampshire
                                                                         3,247
                                                                             46
                                                                           0.1%
                                      33
New Jersey
                                                                       340,715
                                                                              7
                                                                           5.3%
                                      34
New Mexico
                                                                         7,061
                                                                             41
                                                                           0.1%
                                      35
New York
                                                                       136,154
                                                                             15
                                                                           2.1%
                                      36
North Carolina
                                                                        93,101
                                                                             17
                                                                           1.4%
                                      37
North Dakota
                                                                         1,453
                                                                             50
                                                                           0.0%
                                      38
Ohio
                                                                       583,268
                                                                              4
                                                                           9.0%
                                      39
Oklahoma
                                                                        86,844
                                                                             20
                                                                           1.3%
                                      40
Oregon
                                                                        44,860
                                                                             29
                                                                           0.7%
                                      41
Pennsylvania
                                                                       213,441
                                                                              8
                                                                           3.3%
                                      42
Puerto Rico
                                                                        15,383
                                                                             37
                                                                           0.2%
                                      43
Rhode Island
                                                                        11,127
                                                                             40
                                                                           0.2%
                                      44
South Carolina
                                                                       180,051
                                                                             11
                                                                           2.8%
                                      45
South Dakota
                                                                         1,599
                                                                             49
                                                                           0.0%
                                      46
Tennessee
                                                                        38,930
                                                                             31
                                                                           0.6%
                                      47
Texas
                                                                       792,585
                                                                              1
                                                                          12.3%
                                      48
Trust Territories
                                                                           -
                                                                             55
                                                                           0.0%
                                      49
Utah
                                                                        64,735
                                                                             23
                                                                           1.0%
                                      50
Vermont
                                                                         3,465
                                                                             44
                                                                           0.1%
                                      51
Virgin Islands
                                                                             2
                                                                             54
                                                                           0.0%
                                      52
Virginia
                                                                        59,964
                                                                             24
                                                                           0.9%
                                      53
Washington
                                                                        73,377
                                                                             22
                                                                           1.1%
                                      54
West Virginia
                                                                        35,231
                                                                             34
                                                                           0.5%
                                      55
Wisconsin
                                                                       147,002
                                                                             14
                                                                           2.3%
                                      56
Wyoming
                                                                         6,819
                                                                             42
                                                                           0.1%

                                                                          Total
                                                                      6,452,123

                                     100%
Source: 2015 RCRA Biennial Report facility summary data. Available at: https://rcrainfo.epa.gov/rcrainfoweb/action/modules/br/national/view

<IP_ADDRESS> Small Quantity Generators

Small Quantity Generators (SQGs) are facilities that produce between 100 kilograms and 1,000 kilograms of hazardous waste, in a month. SQGs are far more numerous than LQGs, but produce and ship less hazardous waste, though relatively few SQGs treat waste on site. SQGs are subject to fewer reporting requirements under RCRA than LQGs; as a result data to describe the population of SQGs are more limited.

National and State Counts of SQG Facilities

The universe of SQGs operating in the U.S. is more difficult to accurately characterize than the universe of LQGs, because SQGs are not required by RCRA to submit data to the Biennial Report. SQGs are required to obtain a RCRA ID number and notify state regulators and EPA of their status the first time they generate a sufficient quantity of hazardous waste to meet the SQG threshold. However, SQGs are not required to recertify or follow up in subsequent years, making it difficult to verify that their status has not changed over time. Because the Biennial Report includes only facilities that actively generate data in a given year and are required to report, the total number of operating SQGs is not readily available.

To estimate the size of the SQG universe, this RIA uses the estimation approaches and results in EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA. In that RIA, EPA pioneered two methodologies to estimate active SQGs; both estimates use the data files that underpin the RCRA Biennial Report.

For the low-end estimate, EPA used the Waste Received (WR) form in the underlying Biennial Report data files to identify the facilities that shipped hazardous waste off-site; the analysis then cross-checked this list against the Site ID form in RCRAInfo to identify active SQGs in 2011. This universe was then supplemented with new SQGs notifying after a certain cutoff date (at which point they may not have been captured on the WR forms) and available state-level information on SQG universes. This low-end estimate of approximately 45,800 SQGs may omit some SQGs that manage hazardous waste on site, or SQGs that TSDFs failed to report on data forms specific to the Biennial Report.

The approach to the high-end estimate of SQGs is similar to that of the low-end estimate, but uses WR forms from each of the three Biennial Report cycles of 2007, 2009, or 2011 to identify SQGs shipping waste off-site in any of those three periods. This approach was similarly supplemented with available state-level data and other information as described for the low-end approach. Because some facilities may have been SQGs for one reporting cycle, but not for others, this approach may lead to an overestimate of the current universe of SQGs, or the universe of SQGs at any specific point in time in recent history. This alternative approach leads to a high-end estimate of approximately 59,700 SQGs nationwide.

This RIA averages the estimates from these two approaches, which leads to an estimate of 52,732 SQGs nationwide. For a small number of states, EPA was able to obtain specific estimates for the count of SQGs within the state; in these cases, no averaging was applied and EPA used the actual count of SQGs instead.

Like LQGs and TSDFs, SQGs are located throughout the U.S., but tend to be concentrated in industrial areas. The 10 states with the most SQGs account for almost 60 percent of the national total. The number of SQGs varies considerably across states. California, the state with the most estimated SQGs, has 5,915, while Montana, the state with the fewest estimated SQGs, has 66 (Exhibit 2-5).

Similar to LQGs, not all of the SQGs identified by EPA as detailed above engage in shipping hazardous waste; EPA separately estimated within the 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA that only 77 percent of SQG-generated hazardous waste is sent offsite for treatment, storage, or disposal. This RIA assumes that the proportion of waste shipped off-site equates to the proportion of SQGs shipping hazardous waste off-site. That is, as shown in Exhibit 2-5, only 77 percent of the estimated number of SQGs in each state is assumed to ship hazardous waste off-site, and thus be subject to the final rule.

                                  Exhibit 2-5
                           Estimate of SQGs by State
                                     Item
                                       A
                                       B
                                       C
                                       D
                                       E
                                       F
                                       G

                                     State
                                 Low Count[a]
                                 High Count[a]
                              Average (B+C)/2[a]
                                     Rank
                              % Total (D/52,732)
             Estimated Count of SQGs Shipping Off-Site (D * 0.77)
                                       1
Alabama
                                                                          1,226
                                                                          1,226
                                                                          1,226
                                                                             16
                                                                           2.3%
                                                                            944
                                       2
Alaska
                                                                             96
                                                                            143
                                                                            120
                                                                             46
                                                                           0.2%
                                                                             92
                                       3
Arizona
                                                                            511
                                                                            770
                                                                            641
                                                                             23
                                                                           1.2%
                                                                            494
                                       4
Arkansas
                                                                            256
                                                                            318
                                                                            287
                                                                             34
                                                                           0.5%
                                                                            221
                                       5
California
                                                                          5,915
                                                                          5,915
                                                                          5,915
                                                                              1
                                                                          11.2%
                                                                           4555
                                       6
Colorado
                                                                            434
                                                                            482
                                                                            458
                                                                             29
                                                                           0.9%
                                                                            353
                                       7
Connecticut
                                                                            756
                                                                          1,092
                                                                            924
                                                                             19
                                                                           1.8%
                                                                            711
                                       8
Delaware
                                                                            155
                                                                            218
                                                                            187
                                                                             44
                                                                           0.4%
                                                                            144
                                       9
District of Columbia
                                                                             36
                                                                             74
                                                                             55
                                                                             52
                                                                           0.1%
                                                                             42
                                      10
Florida
                                                                          3,800
                                                                          3,800
                                                                          3,800
                                                                              3
                                                                           7.2%
                                                                           2926
                                      11
Georgia
                                                                            900
                                                                          1,288
                                                                          1,094
                                                                             17
                                                                           2.1%
                                                                            842
                                      12
Guam
                                                                              3
                                                                              8
                                                                              6
                                                                             54
                                                                           0.0%
                                                                              5
                                      13
Hawaii
                                                                            122
                                                                            165
                                                                            144
                                                                             45
                                                                           0.3%
                                                                            111
                                      14
Idaho
                                                                             79
                                                                             89
                                                                             84
                                                                             49
                                                                           0.2%
                                                                             65
                                      15
Illinois
                                                                          2,958
                                                                          4,897
                                                                          3,928
                                                                              2
                                                                           7.4%
                                                                           3025
                                      16
Indiana
                                                                            790
                                                                          1,156
                                                                            973
                                                                             18
                                                                           1.8%
                                                                            749
                                      17
Iowa
                                                                            471
                                                                            675
                                                                            573
                                                                             27
                                                                           1.1%
                                                                            441
                                      18
Kansas
                                                                            480
                                                                            680
                                                                            580
                                                                             25
                                                                           1.1%
                                                                            447
                                      19
Kentucky
                                                                            355
                                                                            469
                                                                            412
                                                                             31
                                                                           0.8%
                                                                            317
                                      20
Louisiana
                                                                            705
                                                                          1,068
                                                                            887
                                                                             20
                                                                           1.7%
                                                                            683
                                      21
Maine
                                                                            304
                                                                            304
                                                                            304
                                                                             33
                                                                           0.6%
                                                                            234
                                      22
Maryland
                                                                            974
                                                                          1,780
                                                                          1,377
                                                                             13
                                                                           2.6%
                                                                           1060
                                      23
Massachusetts
                                                                          2,683
                                                                          2,683
                                                                          2,683
                                                                              5
                                                                           5.1%
                                                                           2066
                                      24
Michigan
                                                                          1,486
                                                                          2,194
                                                                          1,840
                                                                              8
                                                                           3.5%
                                                                           1417
                                      25
Minnesota
                                                                          1,366
                                                                          1,366
                                                                          1,366
                                                                             14
                                                                           2.6%
                                                                           1052
                                      26
Mississippi
                                                                            210
                                                                            286
                                                                            248
                                                                             37
                                                                           0.5%
                                                                            191
                                      27
Missouri
                                                                          1,279
                                                                          1,727
                                                                          1,503
                                                                             11
                                                                           2.9%
                                                                           1157
                                      28
Montana
                                                                             55
                                                                             77
                                                                             66
                                                                             51
                                                                           0.1%
                                                                             51
                                      29
Navajo Nation
                                                                              6
                                                                              6
                                                                              6
                                                                             53
                                                                           0.0%
                                                                              5
                                      30
Nebraska
                                                                            226
                                                                            273
                                                                            250
                                                                             36
                                                                           0.5%
                                                                            193
                                      31
Nevada
                                                                            196
                                                                            280
                                                                            238
                                                                             38
                                                                           0.5%
                                                                            183
                                      32
New Hampshire
                                                                            201
                                                                            201
                                                                            201
                                                                             41
                                                                           0.4%
                                                                            155
                                      33
New Jersey
                                                                            850
                                                                            850
                                                                            850
                                                                             21
                                                                           1.6%
                                                                            655
                                      34
New Mexico
                                                                            156
                                                                            236
                                                                            196
                                                                             42
                                                                           0.4%
                                                                            151
                                      35
New York
                                                                          1,983
                                                                          3,255
                                                                          2,619
                                                                              7
                                                                           5.0%
                                                                           2017
                                      36
North Carolina
                                                                          1,169
                                                                          1,786
                                                                          1,478
                                                                             12
                                                                           2.8%
                                                                           1138
                                      37
North Dakota
                                                                             62
                                                                             78
                                                                             70
                                                                             50
                                                                           0.1%
                                                                             54
                                      38
Ohio
                                                                          2,041
                                                                          3,240
                                                                          2,641
                                                                              6
                                                                           5.0%
                                                                           2034
                                      39
Oklahoma
                                                                            379
                                                                            502
                                                                            441
                                                                             30
                                                                           0.8%
                                                                            340
                                      40
Oregon
                                                                            235
                                                                            285
                                                                            260
                                                                             35
                                                                           0.5%
                                                                            200
                                      41
Pennsylvania
                                                                          2,721
                                                                          4,293
                                                                          3,507
                                                                              4
                                                                           6.7%
                                                                           2700
                                      42
Puerto Rico
                                                                             96
                                                                            115
                                                                            106
                                                                             47
                                                                           0.2%
                                                                             82
                                      43
Rhode Island
                                                                            700
                                                                            700
                                                                            700
                                                                             22
                                                                           1.3%
                                                                            539
                                      44
South Carolina
                                                                            485
                                                                            722
                                                                            604
                                                                             24
                                                                           1.1%
                                                                            465
                                      45
South Dakota
                                                                            182
                                                                            256
                                                                            219
                                                                             39
                                                                           0.4%
                                                                            169
                                      46
Tennessee
                                                                            442
                                                                            710
                                                                            576
                                                                             26
                                                                           1.1%
                                                                            444
                                      47
Texas
                                                                          1,471
                                                                          2,164
                                                                          1,818
                                                                              9
                                                                           3.4%
                                                                           1400
                                      48
Trust Territories
                                                                              3
                                                                              5
                                                                              4
                                                                             56
                                                                           0.0%
                                                                              3
                                      49
Utah
                                                                            174
                                                                            205
                                                                            190
                                                                             43
                                                                           0.4%
                                                                            146
                                      50
Vermont
                                                                            185
                                                                            250
                                                                            218
                                                                             40
                                                                           0.4%
                                                                            168
                                      51
Virgin Islands
                                                                              6
                                                                              5
                                                                              6
                                                                             54
                                                                           0.0%
                                                                              5
                                      52
Virginia
                                                                          1,274
                                                                          2,029
                                                                          1,652
                                                                             10
                                                                           3.1%
                                                                           1272
                                      53
Washington
                                                                            532
                                                                            604
                                                                            568
                                                                             28
                                                                           1.1%
                                                                            437
                                      54
West Virginia
                                                                            280
                                                                            376
                                                                            328
                                                                             32
                                                                           0.6%
                                                                            253
                                      55
Wisconsin
                                                                          1,227
                                                                          1,227
                                                                          1,227
                                                                             15
                                                                           2.3%
                                                                            945
                                      56
Wyoming
                                                                             75
                                                                             99
                                                                             87
                                                                             48
                                                                           0.2%
                                                                             67

                                                                          Total
                                                                         45,762
                                                                         59,702
                                                                         52,732

                                                                         100.0%
                                                                         40,604
Source: 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA. Available at: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-RCRA-2012-0121-0002.
a In cases where the Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA contained specific estimates for the count of SQGs in a given state, no averaging is applied, and columns B, C, and D report the actual count of SQGs within the state.

SQGs Operating under Reclamation Agreements

Even among SQGs that ship waste off-site, not all hazardous waste shipped requires a manifest. Specifically, hazardous waste that is transported and covered under a bona-fide reclamation agreement (BFRA) is not required to have accompanying manifests, unless the SQG is in a state that explicitly requires manifests for hazardous waste sent for reclamation and recovery.

EPA estimates that 10 percent of all SQG-generated hazardous waste is managed off-site via reclamation and recovery. Note that this fraction is a subset of the 77 percent of SQG-generated hazardous waste shipped off-site. Correspondingly, if it is assumed that SQGs who use BFRAs manage all of their hazardous waste in this way, then the universe of SQG shippers who manifest is smaller than the universe of SQG hazardous waste shippers, because some SQG shippers manage their hazardous waste via off-site reclamation and recovery, which in most states does not require a RCRA manifest.

This RIA therefore assumes that 10 percent of the SQG-generated federal hazardous waste, and 10 percent of the SQGs in each state are governed by BFRAs, and calculates the total universe of SQGs who ship hazardous waste and may be affected by the final rule by subtracting 10 percent of total hazardous waste shipped by SQGs, and 10 percent of the SQGs themselves, from the total estimate of SQG shippers in each state. For example, as shown in Exhibit 2-5, this RIA estimates 1,226 SQGs in Alabama, of which 944 (77 percent) are estimated to ship hazardous waste off-site. Given the assumption that 10 percent of SQG-generated hazardous waste (and thus, correspondingly, 10 percent of SQGs, consistent with assumptions above) is shipped off-site for reclamation and recovery purposes, 123 SQGs in Alabama (10 percent of 1,226) are assumed to ship hazardous waste that does not require a manifest. The resulting estimate of SQG shippers who manifest in Alabama is 821. Exhibit 2-6 repeats this calculation for each state; in total, this RIA estimates 35,330 SQG shippers who manifest as compared to 40,604 SQG shippers.

                                  Exhibit 2-6
Count of SQGs who Manifest for Shipments of Hazardous Waste Off-Site, by State
                                     Item
                                       A
                                       B
                                       C
                                       D
                                       D
                                       E

                                     State
                            Estimated Count of SQGs
             Estimated Count of SQGs Shipping Off-Site (B * 0.77)
Estimated Count of SQGs Shipping Off-Site for Reclamation and Recovery (B * 0.1)
                     Estimated Count of SQGs who Manifest
                                   (C  -  D)
                              % Total (D/35,330)
                                       1
Alabama
                                                                          1,226
                                                                            944
                                                                            123
                                                                            821
                                                                           2.3%
                                       2
Alaska
                                                                            120
                                                                             92
                                                                             12
                                                                             80
                                                                           0.2%
                                       3
Arizona
                                                                            641
                                                                            494
                                                                             64
                                                                            429
                                                                           1.2%
                                       4
Arkansas
                                                                            287
                                                                            221
                                                                             29
                                                                            192
                                                                           0.5%
                                       5
California
                                                                          5,915
                                                                           4555
                                                                            592
                                                                          3,963
                                                                          11.2%
                                       6
Colorado
                                                                            458
                                                                            353
                                                                             46
                                                                            307
                                                                           0.9%
                                       7
Connecticut
                                                                            924
                                                                            711
                                                                             92
                                                                            619
                                                                           1.8%
                                       8
Delaware
                                                                            187
                                                                            144
                                                                             19
                                                                            125
                                                                           0.4%
                                       9
District of Columbia
                                                                             55
                                                                             42
                                                                              6
                                                                             37
                                                                           0.1%
                                      10
Florida
                                                                          3,800
                                                                           2926
                                                                            380
                                                                          2,546
                                                                           7.2%
                                      11
Georgia
                                                                          1,094
                                                                            842
                                                                            109
                                                                            733
                                                                           2.1%
                                      12
Guam
                                                                              6
                                                                              5
                                                                              1
                                                                              4
                                                                           0.0%
                                      13
Hawaii
                                                                            144
                                                                            111
                                                                             14
                                                                             96
                                                                           0.3%
                                      14
Idaho
                                                                             84
                                                                             65
                                                                              8
                                                                             56
                                                                           0.2%
                                      15
Illinois
                                                                          3,928
                                                                           3025
                                                                            393
                                                                          2,631
                                                                           7.4%
                                      16
Indiana
                                                                            973
                                                                            749
                                                                             97
                                                                            652
                                                                           1.8%
                                      17
Iowa
                                                                            573
                                                                            441
                                                                             57
                                                                            384
                                                                           1.1%
                                      18
Kansas
                                                                            580
                                                                            447
                                                                             58
                                                                            389
                                                                           1.1%
                                      19
Kentucky
                                                                            412
                                                                            317
                                                                             41
                                                                            276
                                                                           0.8%
                                      20
Louisiana
                                                                            887
                                                                            683
                                                                             89
                                                                            594
                                                                           1.7%
                                      21
Maine
                                                                            304
                                                                            234
                                                                             30
                                                                            204
                                                                           0.6%
                                      22
Maryland
                                                                          1,377
                                                                           1060
                                                                            138
                                                                            923
                                                                           2.6%
                                      23
Massachusetts
                                                                          2,683
                                                                           2066
                                                                            268
                                                                          1,798
                                                                           5.1%
                                      24
Michigan
                                                                          1,840
                                                                           1417
                                                                            184
                                                                          1,233
                                                                           3.5%
                                      25
Minnesota
                                                                          1,366
                                                                           1052
                                                                            137
                                                                            915
                                                                           2.6%
                                      26
Mississippi
                                                                            248
                                                                            191
                                                                             25
                                                                            166
                                                                           0.5%
                                      27
Missouri
                                                                          1,503
                                                                           1157
                                                                            150
                                                                          1,007
                                                                           2.9%
                                      28
Montana
                                                                             66
                                                                             51
                                                                              7
                                                                             44
                                                                           0.1%
                                      29
Navajo Nation
                                                                              6
                                                                              5
                                                                              1
                                                                              4
                                                                           0.0%
                                      30
Nebraska
                                                                            250
                                                                            193
                                                                             25
                                                                            167
                                                                           0.5%
                                      31
Nevada
                                                                            238
                                                                            183
                                                                             24
                                                                            159
                                                                           0.5%
                                      32
New Hampshire
                                                                            201
                                                                            155
                                                                             20
                                                                            135
                                                                           0.4%
                                      33
New Jersey
                                                                            850
                                                                            655
                                                                             85
                                                                            570
                                                                           1.6%
                                      34
New Mexico
                                                                            196
                                                                            151
                                                                             20
                                                                            131
                                                                           0.4%
                                      35
New York
                                                                          2,619
                                                                           2017
                                                                            262
                                                                          1,755
                                                                           5.0%
                                      36
North Carolina
                                                                          1,478
                                                                           1138
                                                                            148
                                                                            990
                                                                           2.8%
                                      37
North Dakota
                                                                             70
                                                                             54
                                                                              7
                                                                             47
                                                                           0.1%
                                      38
Ohio
                                                                          2,641
                                                                           2034
                                                                            264
                                                                          1,769
                                                                           5.0%
                                      39
Oklahoma
                                                                            441
                                                                            340
                                                                             44
                                                                            295
                                                                           0.8%
                                      40
Oregon
                                                                            260
                                                                            200
                                                                             26
                                                                            174
                                                                           0.5%
                                      41
Pennsylvania
                                                                          3,507
                                                                           2700
                                                                            351
                                                                          2,350
                                                                           6.7%
                                      42
Puerto Rico
                                                                            106
                                                                             82
                                                                             11
                                                                             71
                                                                           0.2%
                                      43
Rhode Island
                                                                            700
                                                                            539
                                                                             70
                                                                            469
                                                                           1.3%
                                      44
South Carolina
                                                                            604
                                                                            465
                                                                             60
                                                                            404
                                                                           1.1%
                                      45
South Dakota
                                                                            219
                                                                            169
                                                                             22
                                                                            147
                                                                           0.4%
                                      46
Tennessee
                                                                            576
                                                                            444
                                                                             58
                                                                            386
                                                                           1.1%
                                      47
Texas
                                                                          1,818
                                                                           1400
                                                                            182
                                                                          1,218
                                                                           3.4%
                                      48
Trust Territories
                                                                              4
                                                                              3
                                                                              0
                                                                              3
                                                                           0.0%
                                      49
Utah
                                                                            190
                                                                            146
                                                                             19
                                                                            127
                                                                           0.4%
                                      50
Vermont
                                                                            218
                                                                            168
                                                                             22
                                                                            146
                                                                           0.4%
                                      51
Virgin Islands
                                                                              6
                                                                              5
                                                                              1
                                                                              4
                                                                           0.0%
                                      52
Virginia
                                                                          1,652
                                                                           1272
                                                                            165
                                                                          1,107
                                                                           3.1%
                                      53
Washington
                                                                            568
                                                                            437
                                                                             57
                                                                            381
                                                                           1.1%
                                      54
West Virginia
                                                                            328
                                                                            253
                                                                             33
                                                                            220
                                                                           0.6%
                                      55
Wisconsin
                                                                          1,227
                                                                            945
                                                                            123
                                                                            822
                                                                           2.3%
                                      56
Wyoming
                                                                             87
                                                                             67
                                                                              9
                                                                             58
                                                                           0.2%

                                                                          Total
                                                                         52,732
                                                                         40,604
                                                                          5,273
                                                                         35,330
                                                                         100.0%

Six states require manifests for SQG-generated hazardous waste shipped off-site for reclamation and recovery. The entity counts affected by these requirements are estimated in Section <IP_ADDRESS>.

National and State Quantities of Hazardous Waste shipped offsite for treatment by SQGs

Waste tonnage data for SQGs is not consistently available in the RCRA Biennial Report. EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA provides estimates of waste tonnage shipped by SQGs, but does not do so on a state-by-state basis. An interpolation of the methodology in that RIA on a state-by-state basis is presented in Appendix A.

<IP_ADDRESS> Conditionally Exempt Small Quantity Generators

Conditionally Exempt Small Quantity Generators (CESQGs) produce hazardous waste in quantities less than or equal to 100 kilograms in a month. CESQGs are the most numerous of all generator types. While RCRA does not require reporting by CESQGs at the national level, 14 authorized state RCRA programs require CESQGs to notify and report their waste activity. Estimates of the number of CESQGs are interpolated from these state counts up to the national level. This RIA uses ratios of LQGs to CESQGs and SQGs to CESQGs developed in the Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA to estimate a national universe of CESQGs. These ratios are based on the number of CESQGs reported by 14 states. Exhibit 2-7 reproduces Exhibit 2-2 from the Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA and documents these ratios.

                                  Exhibit 2-7
                       Ratios of CESQGs to SQGs and LQGs
                                     Item
                                       A
                                       B
                                       C
                                       D
                                       E
                                       F
                                       G
                                       H

                                     State
                                 Count of LQGs
                                 Count of SQGs
                                Count of CESQGs
                            Ratio of CESQGs to SQGs
                         Ratio of CESQGs to LQGs (E/B)

                                      Low
                                     High

                                   Low (E/D)
                                  High (E/C)

                                       1
Alabama
                                                                            223
                                                                          1,226
                                                                          1,226
                                                                          3,390
                                                                            2.8
                                                                            2.8
                                                                          15.2
                                       2
Arizona
                                                                            210
                                                                            511
                                                                            770
                                                                          1,774
                                                                            2.3
                                                                            3.5
                                                                           8.4
                                       3
California
                                                                          1,223
                                                                          5,915
                                                                          5,915
                                                                         21,000
                                                                            3.6
                                                                            3.6
                                                                          17.2
                                       4
Florida
                                                                            279
                                                                          3,800
                                                                          3,800
                                                                         19,350
                                                                            5.1
                                                                            5.1
                                                                          69.4
                                       5
Hawaii
                                                                             31
                                                                            122
                                                                            165
                                                                            692
                                                                            4.2
                                                                            5.7
                                                                          22.3
                                       6
Massachusetts
                                                                            402
                                                                          2,683
                                                                          2,683
                                                                         12,559
                                                                            4.7
                                                                            4.7
                                                                          31.2
                                       7
Maine
                                                                             52
                                                                            304
                                                                            304
                                                                            949
                                                                            3.1
                                                                            3.1
                                                                          18.3
                                       8
Minnesota
                                                                            320
                                                                          1,366
                                                                          1,366
                                                                         21,743
                                                                           15.9
                                                                           15.9
                                                                          67.9
                                       9
Nevada
                                                                             68
                                                                            196
                                                                            280
                                                                          3,187
                                                                           11.4
                                                                           16.3
                                                                          46.9
                                      10
New Hampshire
                                                                            100
                                                                            201
                                                                            201
                                                                          1,818
                                                                            9.0
                                                                            9.0
                                                                          18.2
                                      11
New Jersey
                                                                            575
                                                                            850
                                                                            850
                                                                          9,000
                                                                           10.6
                                                                           10.6
                                                                          15.7
                                      12
Rhode Island
                                                                             65
                                                                            700
                                                                            700
                                                                          2,100
                                                                            3.0
                                                                            3.0
                                                                          32.3
                                      13
Washington
                                                                            412
                                                                            532
                                                                            604
                                                                         22,315
                                                                           36.9
                                                                           41.9
                                                                          54.2
                                      14
Wisconsin
                                                                            394
                                                                          1,227
                                                                          1,227
                                                                          9,323
                                                                            7.6
                                                                            7.6
                                                                          23.7
                                      15
Total
                                                                          4,354
                                                                         19,633
                                                                         20,091
                                                                        129,200
                                                                            6.4
                                                                            6.6
                                                                          29.7
Source: 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA, Exhibit 2-2. Available at: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-RCRA-2012-0121-0002.

To estimate national counts of CESQGs, this RIA applies the ratios of CESQGs to low estimates of SQGs, high estimates of SQGs, and LQGs for each state. These ratios are 6.4, 6.6, and 29.7 respectively (see Exhibit 2-7). After multiplying these ratios by state counts of SQGs and LQGs, this RIA takes the lowest and highest estimate for each state and calculates the average. This average is used throughout the rest of this RIA. Note that this extrapolation approach only applies to states for which no CESQG counts exist; the universes noted for the 14 states in Exhibit 2-7 are directly applied.

Exhibit 2-8 displays this analysis and its results. Column B provides state counts of LQGs, and columns C and D show estimates of SQGs. Columns, E, F, and G display the products of different state counts of SQGs and LQGs with the range of ratios determined in Exhibit 2-7. Columns H and I display the lowest and highest estimates of CESQGS for each state from columns E, F, and G, respectively. Column I displays the highest estimate of CESQGs for each state from columns E, F, and G. Column J displays the average of columns H and I. Ultimately, based on this analysis, this RIA employs a national CESQG count of approximately 381,000.

                                  Exhibit 2-8
                          Estimated Counts of CESQGs
                                     Item
                                       A
                                       B
                                       C
                                       D
                                       E
                                       F
                                       G
                                       H
                                       I