industry-by-industry basis), whether the net annual market value of the
recovered metal, solvent or other material, would at least offset by a
minimum of $0.01, the current average annual cost for disposing the
waste stream.

	The series of Exhibits 5A to 5E below provide an overview of the 2005
RCRA hazardous waste disposal baseline.  As displayed in Exhibit 5A
below, note that two beneficial disposal methods are included in this
RIA (i.e., H050 onsite burning waste as fuel, and H061 blending waste
for use as fuel offsite), in addition to 22 non-beneficial disposal
methods.  Although H050 energy recovery and H061 fuel blending are
in-eligible methods for the DSW final rule exclusions, these two methods
are included in this section of the RIA only for the purpose of
evaluating them for potential switchover to future recycling.

Exhibit 5A

Summary of Total Baseline Disposed RCRA Hazardous Wastes by Ultimate*
Disposal Method (2005)

A	B	C	D	E	F	G	H	I	J (H+I)

Item	Disposal method Code	Disposal description	Count of disposed waste
streams	2005 Count of Facilities Disposing	2005 Tons Disposed
(management quantity)

Onsite	Offsite

(Received)	Total facilities (non-duplicative)	Onsite

(tons/year)	Offsite

(tons/year)	Total

(tons/year)

A.  Beneficial Disposal Methods (n=2):

1	H050	Energy Recovery	9,341	70	44	99	668,669	1,050,721	1,719,390

2	H061	Fuel Blending	37,393	34	87	105	152,994	1,021,631	1,174,625

Subtotal beneficial disposal =	46,296	102	118	188	821,663	2,072,352
2,894,015

B.  Non-Beneficial Disposal Methods (n=22):

1	H040	Incineration	63,402	114	88	164	890,681	547,315	1,437,996

2	H071	Chemical Reduction	1,928	69	28	95	309,722	38,377	348,099

3	H073	Cyanide Destruction	335	33	10	43	70,817	1,582	72,399

4	H075	Chemical Oxidation	229	4	9	13	1,386	55,266	56,652

5	H076	Wet Air Oxidation	14	1	2	3	2	36	38

6	H077	Other Chemical Precipitation	4,598	75	29	103	1,080,828	147,569
1,228,397

7	H081	Biological Treatment	1,310	29	16	41	1,352,875	52,098	1,404,974

8	H082	Adsorption	165	14	9	22	1,308,179	5,069	1,313,248

9	H083	Air Or Steam Stripping	81	15	1	16	637,876	25	637,901

10	H101	Sludge Treatment And/or Dewatering	222	42	11	52	28,522	660
29,182

11	H103	Absorption	61	8	1	9	486,817	4	486,820

12	H111	Stabilization Or Chemical Fixation	11,137	104	43	140	52,920
371,654	424,573

13	H112	Macro-Encapsulation	729	12	10	21	898	460	1,358

14	H121	Neutralization Only	3,081	116	36	148	1,470,724	70,276	1,541,000

15	H122	Evaporation	155	51	3	52	27,821	1,836	29,657

16	H123	Settling Or Clarification	65	13	2	15	19,845	15,977	35,822

17	H124	Phase Separation	177	18	10	26	12,240	148	12,388

18	H129	Other Treatment	3,637	142	60	193	2,402,527	200,160	2,602,687

19	H131	Land Treatment Or Application	1,082	11	10	20	3,204	44	3,248

20	H132	Landfill Or Surface Impoundment	9,526	45	44	68	601,437	1,436,105
2,037,543

21	H134	Deepwell Or Underground Injection	1,635	39	13	46	21,517,154
329,538	21,846,692

22	H135	Discharge To Sewer/POTW Or NPDES	1,018	94	27	118	2,457,774
976,216	3,433,990

Subtotal non-beneficial disposal =	102,443	805	224	944	34,734,248
4,250,416	38,984,665

Column totals =	211,791**	870

(84%)	274

(27%)	1,032

(100%)	35,555,911

(85%)	6,322,769

(15%)	41.879 million

(100%)

Explanatory Notes: * Ultimate disposal = Some hazardous wastes undergo
one or more sequential treatment methods prior to ultimate disposal
(i.e., final disposition.)  This exhibit represents ultimate disposal
methods from Form GM, Section 2 for onsite disposal, and from Form WR
for offsite disposal.  Tonnages for management method code H141 (wastes
stored/bulked, transferred without treatment, recovery or disposal at
the transferring site) are not included in this exhibit because transfer
does not represent ultimate disposal.  ** However, waste stream counts
in this exhibit include wastes managed by H141 only, of which there were
a total of 64,666 Form GMs.  146,019 Form GMs reported wastes managed
exclusively by some disposal method (i.e., were not also managed by a
recycle method, ignoring null and storage (H141) codes on form).  Thus,
1,106 Form GMs reported wastes managed by a mix of recycle and disposal
methods.

Exhibit 5B

Identity of Industries Generating & Disposing Total Baseline Disposed
RCRA Hazardous Wastes (2005)

A	B	C	D (B+C)	E	F	G	H (F+G)

Item	Economic Subsector

(2-digit NAICS Code)	Generation Location of Disposed (Tons Per Year)*
Disposal Location of Disposed (Tons Per Year)

Count of facilities	Generation disposed

 Onsite	Generation shipped offsite for disposal	Total generation
disposed	Count of facilities	Beneficial disposal**	Non-beneficial
disposal***	Total disposal

1	11	Agriculture, Forestry, Fishing, Hunting	14	0	9,315	9,315	-	-	-	-

2	21	Mining	98	1,185	32,346	33,531	3	69,381	1,188	70,569

3	22	Utilities	380	8	189,634	189,641	8	2	1,414	1,415

4	23	Construction	200	103	16,660	16,763	2	0	107	107

5	31	Manufacturing	141	4,741	6,984	11,725	5	< 1	4,740	4,741

6	32	Manufacturing	3,628	29,420,925	1,974,949	31,395,874	292	1,800,449
30,073,299	31,873,748

7	33	Manufacturing	5,281	3,406,745	1,539,132	4,945,877	329	93	3,434,285
3,434,378

8	42	Wholesale Trade	476	95,741	61,238	156,978	18	2,805	106,876	109,680

9	44	Retail Trade	264	0	8,640	8,640	-	-	-	-

10	45	Retail Trade	22	0	2,810	2,810	-	-	-	-

11	48	Transportation	657	608,595	106,809	715,403	16	13	609,007	609,020

12	49	Postal, Couriers, Messengers, Storage	197	11,010	142,686	153,696	8
83,099	37,378	120,477

13	51	Information	91	1,257	485	1,741	50	0	1,257	1,257

14	52	Finance & Insurance	3	0	318	318	-	-	-	-

15	53	Real Estate, Rental & Leasing	69	1	9,404	9,405	10	0	964	964

16	54	Professional, Scientific & Tech Services	453	60,056	20,723	80,779
27	0	60,422	60,422

17	55	Mgt of Companies/Enterprises	12	156,886	833	157,720	2	0	156,889
156,889

18	56	Admin, Waste Mgt & Remediation	585	1,652,856	1,567,260	3,220,116
163	938,069	4,354,717	5,292,786

19	61	Educational Services	365	71	26,715	26,786	21	2	84	86

20	62	Health Care, Social Assistance	182	39	7,016	7,054	7	3	2,677	2,679

21	71	Arts, Entertainment, Recreation	27	0	4,975	4,975	-	-	-	-

22	72	Accommodation & Food Services	2	0	157	157	-	-	-	-

23	81	Other Services	202	3,416	14,709	18,125	6	0	3,686	3,686

24	92	Public Administration	386	132,278	119,918	252,196	65	100	135,677
135,777

Column totals =	13,735	35,555,911	5,863,715	41.879 million	1,032
2,894,015

(7%)	38,984,665

(93%)	41.879 million

(100%)

Explanatory Notes:

* Data Source: USEPA 2005 RCRA Hazardous Waste Biennial Report (BR):
http://www.epa.gov/epaoswer/hazwaste/data/br05/index.htm

** Beneficial disposal = H050+H061

*** Non-beneficial =
H040+H071+H073+H075+H076+H077+H081+H082+H083+H101+H103+H111+H112+H121+H1
22+H123+H124+H129+H131+H132+H134+H135.

Exhibit 5C

Industrial Process/Activity Sources of Total Baseline Disposed RCRA
Hazardous Wastes (2005)

A	B	C (A+B)

Item	Industrial Process/ Activity

Hazardous Waste Generation Source Code	Beneficial disposal* (tons/year)
Non-beneficial disposal**

(tons/year)	Total disposal

(tons/year)

1	G01	Dip, flush or spray rinsing	181	218,696	218,877

2	G02	Stripping and acid or caustic cleaning	70	256,099	256,169

3	G03	Plating & phosphating	0	565,432	565,432

4	G04	Etching	< 1	656,479	656,479

5	G05	Metal forming & treatment	< 1	196,975	196,976

6	G06	Painting & coating	452	7,118	7,571

7	G07	Product & by-product processing	130,096	9,202,390	9,332,487

8	G08	Removal of spent process liquids or catalysts	101,663	3,676,031
3,777,694

9	G09	Other production or service-related processes	65,677	3,124,046
3,189,723

Subtotal daily production, service or maintenance processes =	298,141
17,903,268	18,201,408

10	G11	Discarding off-spec or out-of-date chemicals or products	1,034
33,227	34,261

11	G12	Lagoon or sediment dragout and leachate collection	0	2,389	2,389

12	G13	Cleaning-out process equipment	2,172	423,798	425,970

13	G14	Removal of tank sludge, sediments or slag	54	5,945	5,999

14	G15	Process equipment change-out or discontinuation of use	12	513	524

15	G16	Oil changes and filter or battery replacement	460	351	811

16	G19	Other one-time or intermittent processes	2	57,846	57,848

Subtotal one-time or intermittent events or processes =	3,734	524,068
527,802

17	G21	Air pollution control devices	1	2,705,462	2,705,462

18	G22	Lab analytical wastes	6,027	3,956	9,983

19	G23	Wasetewater treatment	18,430	3,377,729	3,396,159

20	G24	Solvent or product distillation or recovery	307,916	2,821,083
3,128,998

21	G25	Hazardous waste management	78,043	2,087,197	2,165,240

22	G26	Leachate collection	0	514,715	514,715

23	G27	Haz residual from treatment or recovery of universal waste	0
6,317	6,317

Subtotal pollution control & waste management residuals =	410,417
11,516,459	11,926,875

24	G31	Accidental contamination of products, materials, containers	< 1
3,815	3,815

25	G32	Cleanup of spill residues (infrequent, not routine)	13	2,384
2,397

26	G33	Leak collection & floor sweeping ongoing, routine)	0	1,446	1,446

27	G39	Other cleanup of current contamination	0	96	96

Subtotal spills & accidental releases =	13	7,741	7,754

28	G41	Closure of haz waste management unit under RCRA	2	43,251	43,253

29	G42	Correction action at solid waste mgmt unit under RCRA	0	4,130,721
4,130,721

30	G43	Remedial action or emergency response under CERCLA	0	124,202
124,202

31	G44	State program or voluntary cleanup	0	146,941	146,941

32	G45	Underground storage tank cleanup	0	3	3

33	G49	Other remediation	< 1	236,548	236,548

Subtotal remediation of past contamination =	3	4,681,666	4,681,669

34	G61	Received from offsite for storage/bulking for transfer offsite
98,216	99,833	198,048

35	G63 to G75	Imported from a foreign country	11,140	1,215	12,355

Subtotal not physically generated onsite =	109,356	101,047	210,403

36	G??	Source code not provided (Form GM)	0	0	0

37	G??	Source code not available (Form WR)	2,072,352	4,250,416	6,322,769
(15.1%)

Column totals =	2,894,015

(7%)	38,984,665

(93%)	41.879 million

(100%)

Explanatory Notes:

Data Source: USEPA 2005 RCRA Hazardous Waste Biennial Report (BR):
http://www.epa.gov/epaoswer/hazwaste/data/br05/index.htm

* Beneficial disposal = H050 + H061

** Non-beneficial disposal = H040 + H071 + H073 + H075 + H076 + H077 +
H081 + H082 + H083 + H101 + H103 + H111 + H112 + H121 + H122 + H123 +
H124 + H129 + H131 + H132 + H134 + H135

Exhibit 5D

Physical Form of Total Baseline Disposed RCRA Hazardous Wastes (2005)

A	B	C (A+B)

Item	Biennial Report Physical Form Code	Beneficial disposal*

(tons/year)	Non-beneficial disposal**

(tons/year)	Total disposal

(tons/year)

1	W001	Lab packs w/out acute haz waste	2,122	10,967	13,088

2	W002	Contaminated debris	4,416	257,213	261,630

3	W004	Lab packs w/acute haz waste	317	1,541	1,858

4	W301	Contaminated soil	1,144	441,580	442,723

5	W309	Batteries, battery parts, cores, casings	69	19,370	19,439

6	W310	Filters, adsorbents, ion exchange resins, spent carbon	3,152
27,452	30,604

7	W320	Electrical devices	92	1,123	1,215

8	W512	Sediment or lagoon dragout, drilling or other muds	1	39,341
39,342

9	W801	Compressed gases	6,610	4,368	10,978

Subtotal mixed media/debris/devices =	17,922	802,954	820,875

10	W101	Very dilute aqueous waste >99% water	7,125	12,599,999	12,607,124

11	W103	Spent concentrated acid	1,545	1,276,756	1,278,301

12	W105	Acidic aqueous wastes <5% acid	2,671	4,815,506	4,818,176

13	W107	Aqueous waste containing cyanides	133	83,839	83,971

14	W110	Caustic aqueous waste or wastewaters	1,748	1,119,752	1,121,500

15	W113	Other aqueous waste or wastewaters	28,559	5,618,002	5,646,561

16	W117	Waste liquid mercury	25	14	38

17	W119	Other inorganic liquid	3,186	860,770	863,956

Subtotal inorganic liquids =	44,990	26,374,638	26,419,628

18	W200	Still bottoms liquid form	35,775	61,143	96,918

19	W202	Concentrated halogenated solvent	15,349	40,146	55,494

20	W203	Concentrated non-halogenated solvent	294,378	104,452	398,830

21	W204	Concentrated halogenated/non-halo solvent mixture	530,935
128,223	659,158

22	W205	Oil-water emulsion/mixture	11,659	44,402	56,061

23	W206	Waste oil	27,883	6,758	34,641

24	W209	Paint, ink, lacquer or varnish	95,431	13,466	108,897

25	W210	Reactive or polymerizable organic liquids/adhesives	16,323
42,627	58,950

26	W211	Paint thinner or petroleum distillates	127,682	6,014	133,696

27	W219	Other organic liquid	1,011,857	7,647,476	8,659,334

Subtotal organic liquids =	2,167,273	8,094,707	10,261,980

28	W303	Ash	3	190,006	190,008

29	W304	Slags, drosses, other solid thermal residues	20	559,547	559,567

30	W307	Metal scale, filings, scrap (including drums)	183	20,459	20,641

31	W312	Cyanide or metal cyanide bearing solids, salts, chems	< 1	25,665
25,665

32	W316	Metals salts or chemicals w/out cyanide	147	25,902	26,049

33	W319	Other inorganic solids	2,686	503,996	506,682

Subtotal inorganic solids =	3,037	1,325,575	1,328,612

34	W401	Pesticide solids	103	5,815	5,918

35	W403	Solid resins, plastics, polymerized organics	7,148	30,235	37,383

36	W405	Explosives or reactive organic solids	6	22,806	22,812

37	W409	Other organic solids	56,208	101,662	157,870

Subtotal organic solids =	63,465	160,518	223,983

38	W501	Lime or metal hydroxide sludges	50	179,873	179,923

39	W503	Gypsum sludges from wastewater or air treatment 	86	3,005	3,092

40	W504	Other sludges from wastewater or air treatment	1,285	91,342
92,627

41	W505	Metal bearing sludges	37	330,994	331,031

42	W506	Cyanide-bearing sludges	16	4,659	4,676

43	W519	Other inorganic sludges	242	20,013	20,256

Subtotal inorganic sludges =	1,716	629,887	631,603

44	W603	Oily sludge	25,553	67,481	93,034

45	W604	Paint or ink sludges, still bottoms	11,324	1,482	12,806

46	W606	Resins, tars, polymer, tarry sluge	37,624	2,803	40,427

47	W609	Other organic sludge	56,586	155,711	212,297

Subtotal organic sludges =	131,087	227,476	358,563

48	W???	Physical form code not provided	464,525	1,368,911	1,833,436
(4.4%)

Totals =	2,894,015

(7%)	38,984,665

(93%)	41.879 million

(100%)

Explanatory Notes:

Data Source: USEPA 2005 RCRA Hazardous Waste Biennial Report (BR):
http://www.epa.gov/epaoswer/hazwaste/data/br05/index.htm

* Beneficial disposal = H050 + H061

** Non-beneficial disposal = H040 + H071 + H073 + H075 + H076 + H077 +
H081 + H082 + H083 + H101 + H103 + H111 + H112 + H121 + H122 + H123 +
H124 + H129 + H131 + H132 + H134 + H135

Exhibit 5E

Waste Codes Assigned to Total Baseline Disposed RCRA Hazardous Wastes
(2005)

A	B	C (A+B)

Item	RCRA Waste Code	Beneficial disposal*

(tons/year)	Non-beneficial disposal**

(tons/year)	Total disposal

(tons/year)

1	Dxxx	1 or more toxicity leaching test waste codes only	1,189,414
21,595,447	22,784,861	54%

2	Fxxx	1 or more non-specific industrial source waste codes only	118,323
1,550,660	1,668,983	4%

3	Kxxx	1 or more specific industrial source waste codes only	75,372
2,720,143	2,795,515	7%

4	Pxxx	1 or more “acutely hazardous” discarded or off-spec
commercial chemical products, container residues & spill residues
thereof	85	153,084	153,169	<1%

5	Uxxx	1 or more “toxic waste” commercial chemical products,
manufacturing intermediates, or off-spec commercial chemical products
6,435	250,852	257,287	<1%

6	Mixed	Assigned with multiple waste codes from 2 or more categories
above	1,234,460	12,288,403	13,522,863	32%

7	????	Waste code not provided	269,927	426,076	696,003	2%

Column totals =	2,894,015	38,984,665	41.879 million	100%

Explanatory Notes:

Data Source: USEPA 2005 RCRA Hazardous Waste Biennial Report (BR):
http://www.epa.gov/epaoswer/hazwaste/data/br05/index.htm

* Beneficial disposal = H050 + H061

** Non-beneficial disposal = H040 + H071 + H073 + H075 + H076 + H077 +
H081 + H082 + H083 + H101 + H103 + H111 + H112 + H121 + H122 + H123 +
H124 + H129 + H131 + H132 + H134 + H135

5B.	Methodology for Identifying Potentially Recyclable Wastes Currently
Disposed

This section presents the data screening (i.e., data selection) criteria
applied in this RIA to the baseline disposal data displayed in Exhibits
5A to 5E above.  As described below, this screening process involves two
steps:

Step1:	Primary screening criteria to identify disposed wastes containing
constituents of potential commodity value

Step 2: Secondary screening criteria to identify commodity-containing
wastes of sufficient physical quality for recovery

The purpose of these complementary screening steps is to identify the
baseline disposal quantities (i.e., 2005 tons per year) that may be
physically and chemically sufficient for potential future switchover to
recycling under the DSW final rule exclusions.  The baseline disposal
types and associated annual quantities which remain after applying this
two-step data screening process, are applied in this RIA as inputs to
the spreadsheet computations for the disposal switchover breakeven test
described in Chapter 8 of this RIA.  The breakeven test is executed in
this RIA on a micro (i.e., waste stream-by-waste stream) basis, not on a
facility-by-facility basis or industry-by-industry basis.  The breakeven
test represents a micro-economic financial test to determine if
facilities may change their management practices for individual waste
streams to obtain the potential economic benefits of the DSW final rule.

	Before presenting the two-step screening process and results below,
there are two possible observations about the baseline disposal data
presented in Exhibits 5C, 5D and 5E above.  Taken together these two
observations suggest that 76% to 97% of the baseline disposal hazardous
wastes should not be expected, a prior, to yield break-even switchover
recycling under the DSW final rule.  This percentage range represents a
lower-bound and upper-bound range produced by alternatively assuming
complete overlap and assuming no overlap between the two observations,
respectively.

Disposal Data Observation 1:	Low quality physical form of baseline
disposal hazardous wastes (re: Exhibit 5D):

Based on the physical form data presented in Exhibit 5D, a relatively
large 76% segment of the 41.879 million tons of baseline disposal
appears to be low quality in terms of potential commodity recovery
(recycling) efficiency and market value.

Exhibit 5D row 10	Disposal of W101	Very dilute aqueous waste >99% water
12.61 million tons	30.1%

Exhibit 5D row 12	Disposal of W105	Acidic aqueous wastes <5% acid		4.82
million tons	11.5%

Exhibit 5D row 15	Disposal of W113	Other aqueous waste or wastewaters
n.e.c.	5.65 million tons	13.5%

Exhibit 5D row 27	Disposal of W219	Other organic liquid n.e.c.			8.66
million tons	20.7%

										Subtotal =	31.74 million tons	76%

Disposal Data Observation 2:	Missing codes from baseline disposal
hazardous wastes (re: Exhibits 5C, 5D, 5E):

Exhibits 5C, 5D and 5E reveal that a relatively large 15% to 21% segment
of baseline disposal tonnage does not have associated Gxx source codes,
Wxxx physical form codes, or Dxxx, Fxxx, Kxxx, Pxxx, Uxxx waste codes:

Exhibit 5C row 37	Disposal data without Gxx source codes				6.32 million
tons	15.1%

Exhibit 5D row 48	Disposal data without Wxxx physical form codes			1.83
million tons	4.4%

Exhibit 5E row 7	Disposal data without Dxxx, Fxxx, Kxxx, Pxxx, Uxxx
0.70 million tons	1.7%

									Subtotal =	6.32 to 8.85 million tons (15% to 21%)

Consequently, 15% to 21% of baseline disposal cannot be evaluated in
this RIA for break-even switchover, because the switchover methodology
is based on using these codes as primary screening selection criteria
for assigning to recycling commodity groupings as described below in
Exhibit 5F.

Step 1: Primary Screening Criteria Applied to Baseline Waste Disposal
Data (Commodity Values)

The first data screening step is structured according to each of the
three RCRA baseline recycling methods (i.e., metals recovery, solvent
recovery, and other recovery).  Each materials recovery method is
assigned as a “commodity group” according to the respective types of
materials involved in each of these three recovery methods.  Exhibit 5F
below presents the primary data screening criteria applied in this RIA
according to these three commodity groups.  The screening criteria
consist of three sequentially applied “if then” data selection
criteria involving 67 different Biennial Report (BR) and RCRA waste
codes:

Wxxx:				16 BR physical/chemical form codes

Gxx:				4 BR industrial process/activity source codes

Dxxx, Fxxx, Kxxx:		47 RCRA regulatory waste codes

OSW identified and assigned the screening codes in each criteria based
on determining whether each of these codes pertained to metals,
solvents, or to other types of materials contained in the wastes which
might be amenable for recovery in the three commodity groups.

	The disposed quantities (i.e., 2005 tons) presented in Exhibits 5A to
5E above will not match the disposed quantities presented in Exhibits 5F
to 5J below (which are applied in the breakeven test of this RIA).
Exhibits 5A to 5E (except for column B of Exhibit 5B as noted
previously) present the national baseline disposal picture based on the
2005 National Biennial Report (NBR) reporting logic.  Given the numbers
in Exhibits 5A to 5E are intended to add-up to the totals presented in
the 2005 RCRA National Biennial Report, a compatible Biennial Report
database query logic was used to complete those exhibits.  However, the
resultant disposed quantities presented in Exhibits 5A to 5E are higher
than those used in the breakeven test as presented in Exhibits 5F to 5J.
 The difference in disposed quantities between these two sets of
exhibits are due to the following technical reasons pertaining to (a)
how the Biennial Report data reporting forms are structured/designed and
(b) there are different BR data reporting forms which separately target
LQGs (i.e., “Form GM”) and TSDFs (i.e., “Form WR”):

The onsite quantity disposed totals in Exhibit 5A (column G) from the
2005 NBR are sums of the numbers reported in Biennial Report Form GM,
Sec. 1, F. Quantity Generated in 2005 (see attached 2005 BR Form GM).
The on-site quantity disposed totals used in the analysis are those
reported in Form GM, Sec. 2, On-site Process System 1 and On-site
Process System 2.  These numbers sometimes do not match because either
there is a reporting/data entry error, not all of the quantity
generated is recovered (i.e., some may be disposed), or not all of the
quantity generated in 2005 was recovered in 2005.

Source code G61 (received from offsite for storage/bulking for transfer
offsite) waste is excluded in the breakeven test of this RIA given the
waste is not physically generated on site (see Exhibit 5C, Item 34) by
the generator.

The off-site management totals in Exhibit 5A (column H) from the 2005
NBR are based on waste receipts (i.e., wastes reported received from off
site for management on Form WR).  The off-site management totals used in
the cost analysis are based on reported shipments on Form GM.
The quantities reported shipped for off-site recovery in Form GM, Sec.
3, Site 1, Site 2, and Site 3 are used.

Step 2 of this data screening methodology Exhibit 5F and Exhibit 5G
present screening selection criteria that eliminate much of the disposed
quantities presented in Exhibits 5A through 5F.

Exhibit 5F

Primary Screening Selection Criteria Applied to Baseline Disposal Data

for Evaluating Potential Future Switchover to Recycling Under the DSW
Final Rule Exclusions

(Note: the three criteria in this exhibit represent “IF THEN”
criteria*)

Criterion A	Criterion B	Criterion C

BR Physical/Chemical Form Codes**	BR Industrial Process/ Activity

Generation Source Codes**	RCRA Regulatory Codes**

Commodity Group #1: For Possible Metal Recovery:

Include form codes: (n=10)

W107 wastes containing cyanides

W117 waste liquid mercury

W303 ash

W304 slags, drosses, other solid thermal residues

W307 metal scale, filings & scrap (metal drums)

W312 cyanide or metal cyanide solids, chemicals

W316 metal salts or chemicals w/out cyanides

W501 lime and/or metal hydroxide sludges/solids

W505 metal bearing sludges w/out cyanide

W506 cyanide-bearing sludges (non cont.soils)	For wastes with no
reported form codes include source codes: (n=2)

G03 plating & phosphating

G04 etching	For wastes with no reported form codes and no reporting
source codes G03 or G04 include RCRA waste codes: (n=38)

D005 barium

D006 cadmium

D007 chromium

D008 lead

D009 mercury

D010 selenium

D011 silver

F006, F007, F008, F009 metal electroplating

F010, F011, F012 metal heat treating

F019 sludge from conversion coating of aluminum

F035 inorganic wood preservative waste (arsenic or chromium)

K002, K003, K004, K005, K006, K007, K008 inorganic pigment mfg sludge &
residues (listed for chromium)

K064, K065, K066, K069, K086, K100 lead- or chromium-bearing

K061 iron & steel mfg emission dust

K071, K073, K106, K176, K177, K178 inorganic chemical mfg

K171, K172 petroleum refining spent catalysts

Exhibit 5F

Primary Screening Selection Criteria Applied to Baseline Disposal Data

for Evaluating Potential Future Switchover to Recycling Under the DSW
Final Rule Exclusions

(Note: the three criteria in this exhibit represent “IF THEN”
criteria*)

Criterion A	Criterion B	Criterion C

BR Physical/Chemical Form Codes**	BR Industrial Process/ Activity

Generation Source Codes**	RCRA Regulatory Codes**

Commodity Group #2: For Possible Solvent Recovery:

Include form codes: (n=5)

W202 concentrated halogenated organic liquids

W203 concentrated non-halogenated organic liquids

W204 concentrated halo/non-halogenated solvents

W209 paint, ink, lacquer or varnish

W211 paint thinner or petroleum distillates	For wastes with no reported
form codes include source codes: (n=2)

G01 dip, flush or spray rinsing (using solvents)

G06 painting & coating	For wastes with no reported form codes and no
reporting G01 or G06 include RCRA waste codes: (n=8)

F001, F002, F003, F004, F005 spent solvents

F024, F025 chlorinated aliphatic mfg

K086 solvent washes of ink equipment

Commodity Group #3: For Possible Other Recovery (Carbon Regeneration and
Sodium Fluoride)*

Include form codes: (n=1)

W310 filters, solid adsorbents, ion exchange resins and spent carbon
(this RIA evaluates carbon only)

Note: not included are spent acids >5% (W103)***

---	For wastes with no reported form codes include RCRA waste codes and
form code W312 reported with K088 waste code move from Category 1 to
Category 3: (n=1)

K088 aluminum production spent potliners (sodium fluoride)

Total codes A =16	Total codes B =4	Total codes C =47

Explanatory Notes:

* IF THEN = The three criteria in this exhibit represent sequential
database query criteria within each waste type row.  First the waste
code data were pulled (criterion A), and for remaining data with missing
waste codes, the regulatory waste code data were pulled (criterion B),
then for remaining data with missing waste codes, the source code data
were pulled (criterion C).

**There are a total 47 Wxxx codes, 47 Gxxx codes, 40 Dxxx codes, 28 Fxxx
codes, 120 Kxxx, codes, 205 Pxxx codes, and , 612 Uxxxx codes defined
for data reporting to the RCRA Biennial Report (BR): .for complete lists
see pp. 49 to 54 of the 2005 BR instructions book at:   HYPERLINK
"http://www.epa.gov/epaoswer/hazwaste/data/br05/05report.pdf"
http://www.epa.gov/epaoswer/hazwaste/data/br05/05report.pdf

*** Upon review of W103 spent acids > 5%, G02 stripping and acid or
caustic cleaning, and G05 metal forming and treatment waste streams
nearly all the waste is not suitable for switchover to off-site other
recovery.  Much of the waste are dilute acid wastes that are disposed in
on-site wastewater treatment systems followed by POTW/sewer or NPDES
discharge or disposed by Class I UIC permitted deep-well injection.
These disposal methods are cheap compared to offsite recovery.  It will
not be more economical to ship these wastes offsite for other recovery.
It is beyond the time and resource constraints of this RIA to
individually carry these records through the analysis.  A small quantity
(< 4,000 tons) of spent pickle liquor (K062) was identified.  The
quantity is too small to carry forward through the analysis.

Step 2: Secondary Screening Criteria Applied to Baseline Waste Disposal
Data (Physical Quality)

Exhibit 5G below presents the secondary screening criteria applied to
baseline disposal wastes  The purpose of these secondary screening
criteria are to introduce a consideration of the anticipated physical
quality of baseline disposed waste streams, prior to evaluating them in
the disposal-switchover-to-recycling breakeven test of this RIA.  The
secondary screening criteria consist of six elements as follows:

Remove disposed waste records that were residuals from hazardous waste
management processes.  Residuals generated by either (a) current
materials recovery operations (H010, H020, H039), (b) energy/fuel
recovery operations (H050, H061), or (c) thermal destructive treatment
processes (H040), are assumed not to have a high content of recoverable
material and are assumed will continue to be disposed.  This corresponds
to removing baseline disposal data records with source code G25.
Disposed wastes with RCRA waste codes F006 and F007 were retained
because these potentially recoverable wastes were often reported using
this source code because they are derived from wastewater treatment
processes.

Remove disposed waste records that were wastes generated from industrial
processes that are not continuous (e.g., those generated from
remediation or one-time industrial activities).  The material values
from these wastes are less likely to be recoverable given they are not
generated in a controlled process environment (i.e., remediation wastes
involve spills and releases to the environment).  Given their one-time
nature of generation, generators are unlikely to go through the
notification process to the agency for an exclusion from the definition
of solid waste for a one-time waste generation event.  This corresponds
to removing baseline disposal data records corresponding to three sets
of non-continuous source codes: (a) spills and accidental releases G31,
G32, G33, G39, (b) remediation of past contamination G41, G42, G43, G44,
G45, G49, and (c) non-periodic activities G12, G15, G19.

Remove disposed wastes with waste descriptions containing the word
“debris” from the data set.  The material values from these wastes
are less likely to be recoverable given they are not generated in a
controlled process environment.  Given their one-time nature of
generation, generators are unlikely to go through the notification
process to the agency for an exclusion from the definition of solid
waste for a one-time waste generation event.

Remove wastes with waste descriptions indicating they are
“rinsewaters”or “groundwaters” to ensure the physical quality of
the waste (i.e., the minimal recoverable material concentration) is
technically sufficient for recovery.  These dilute aqueous-based wastes
typically do not contain recoverable fractions of valuable materials.
This screening criteria was only applied to waste streams with no
reported form code.  Normally wastes like these would have a reported
form code of W101 very dilute aqueous waste containing more than 99%
water and W105 acidic aqueous wastes less than 5% acid.

Remove some miscellaneous disposed wastes:

Onsite Commodity Group #2 baseline disposal quantities were primarily
disposed by non-beneficial incineration (H040), or by beneficial energy
recovery (H050), or beneficial fuel blending (H061).  For the purposes
of this RIA, it is assumed that facilities which both generate and
dispose wastes on site via beneficial energy or fuel recovery (i.e.,
H050 or H061) will not change to a materials recovery process under the
DSW final rule exclusions.  All these processes require relatively large
onsite capital investments and air pollution control permitting costs,
which make it less likely that onsite H040, H050 or H061 disposed wastes
will switchover to materials recovery under the DSW exclusions.  This
corresponds to removing baseline disposal data records for onsite waste
generation GM Form Section 2 H040, H050 and H061.  However, this RIA
subjects the disposal data records corresponding to offsite disposal
Form GM involving these three waste codes (i.e., H040, H050, H061) to
the breakeven test for switchover to recovery/recycling.

All records with form code W310 not containing the word “carbon” or
“charcoal” in the waste description were deleted from the list of
disposed spent carbon wastes.  This is necessary because the definition
of the W310 physical/chemical form code allows reporting together in
this single code, four different types of materials: (1) filters, (2)
solid adsorbents, (3) ion exchange resins, and (4) spent carbons.
Because of lack of characterizing data on the other three waste types,
only spent carbon from these four waste types is evaluated in this RIA
for potential switchover to recovery.

Because of the fact there are tens of thousands of individual waste
streams in the Biennial Report database for any given data year, it is
beyond the time and resource constraints of this RIA to individually
examine each narrative comment for baseline disposed wastes containing
these "other" code sub-categories to determine whether they should be
included in the breakeven test of this RIA.  This corresponds to
removing baseline disposal data records for H129 "other treatment".
However, this RIA does include the H039 "other recovery or reclamation"
catch-all sub-category in the baseline recycling data records analyzed
elsewhere in this RIA for potential DSW exclusion de-regulatory cost
savings.  The “other” form codes already were removed by their
exclusion from the “primary” screening selection criteria.

Exhibit 5G

Summary of Outcome of Primary & Secondary Screening Criteria

Applied to Baseline Disposal Wastes to be Evaluated for Switchover to
Recycling

Secondary Selection Criteria	Remaining & Removed Disposal Quantities

(2005 tons per year)	Total Remaining Baseline Disposal Quantity

(2005 tons per year)

A. Primary Selection Criteria:

Commodity Group 1

Commodity Group 2

Commodity Group 3

Total Baseline Disposed Quantity Remaining	1,687,044

1,247,510

   161,961

3,096,515

3,096,515

B. Secondary Screening Criteria:

1. Remove Source Code G25	-624,668	2,471,847

2. Remove Wastes Generated by Non-Continuous Processes	-73,671	2,398,176

3. Remove Debris-Wastes	-23,225	2,374,951

4. Remove Rinsewaters and Groundwaters	-8,913	2,366,038

5. Remove Other Waste Specific Quantity	-235,443	2,130,595

6. Remove “Other Treatment” Quantity	-45,953	2.085 million

5C.	Resultant Screening Selection Quantities of Baseline Disposal that
May Switchover to Recycling

Exhibits 5H through 5J below present the resultant types and quantities
(i.e., tons per year in relation to the baseline data year 2005 applied
in this RIA) of the baseline disposed hazardous waste data selected by
the screening listed in Exhibits 5F and 5G above, which are applied in
the new recycling “breakeven test” in this RIA (Chapter 8).

Exhibit 5H

Screening Selection Results of Baseline Disposal for Recycling Breakeven
Test by Ultimate* Disposal Method (2005)

A	B	C	D	E	F (D+E)	G	H	I (G+H)

Item	Disposal Method Code	Disposal Description	2005 Count of Facilities
Disposing	2005 Tons Disposed (management quantity)

	Onsite	Offsite

(Shipped)	Total Facilities	Onsite

(tons/year)	Offsite

(tons/year)	Total

(tons/year)

A.  Beneficial Disposal Methods (n=2):

1	H050	Energy Recovery	3	945	946	1	155,333	155,334

2	H061	Fuel Blending	0	4,822	4,822	0	304,363	304,363

Subtotal beneficial disposal =	---	---	---	1	  =SUM(ABOVE)  459,696
459,697

B.  Non-Beneficial Disposal Methods (n=23):

1	H040	Incineration	21	2,319	2,330	2,497	120,724	123,222

2	H071	Chemical Reduction	9	103	110	7,108	6,103	13,210

3	H073	Cyanide Destruction	29	85	109	65,671	1,052	66,722

4	H075	Chemical Oxidation	0	17	17	0	320	320

5	H076	Wet Air Oxidation	0	3	3	0	26	26

6	H077	Other Chemical Precipitation	11	188	197	1,023	11,864	12,886

7	H081	Biological Treatment	0	22	22	0	8,385	8,385

8	H082	Adsorption	0	8	8	0	21	21

9	H083	Air Or Steam Stripping	0	8	8	0	480	480

10	H101	Sludge Treatment And/or Dewatering	28	53	77	1,257	1,350	2,607

11	H103	Absorption	0	9	9	0	140	140

12	H111	Stabilization Or Chemical Fixation	13	855	862	8,157	154,442
162,599

13	H112	Macro-Encapsulation	4	42	44	288	959	1,247

14	H121	Neutralization Only	5	56	58	13	300	314

15	H122	Evaporation	10	7	15	1,873	39	1,912

16	H123	Settling Or Clarification	5	6	9	24	487	511

17	H124	Phase Separation	3	16	17	5	160	165

18	H129	Other Treatment	0	0	0	0	0	0

19	H131	Land Treatment Or Application	4	124	125	40	31,323	31,363

20	H132	Landfill Or Surface Impoundment	10	570	577	88,864	349,272
438,136

21	H134	Deepwell Or Underground Injection	0	38	38	0	4,032	4,032

22	H135	Discharge To Sewer/POTW Or NPDES	10	42	50	294,096	2,110	296,207

23	H141	Site receiving waste stored/bulked & transferred the waste with
no treatment or recovery, fuel blending, or disposal at the receiving
site.	62	3,728	3,765	87,821	372,600	460,421

24	H???	Disposal method not provided	0	1	1	0	18	18

Subtotal non-beneficial disposal =	---	---	---	  =SUM(ABOVE)  558,737
=SUM(ABOVE)  1,066,207 	  =SUM(ABOVE)  1,624,944

Column totals =	---	---	---	558,738

(27%)	1,529,903

(73%)	2.085 million

(100%)

Note:  * Ultimate disposal = Some hazardous wastes undergo one or more
sequential treatment (e.g., chemical neutralization) methods prior to
ultimate disposal (i.e., final disposition).  Generators report the
ultimate disposal of their hazardous wastes on Form GM, Sec. 2 and Sec.
3.

Exhibit 5I

Screening Selection Results of Baseline Disposed Hazardous Wastes for
Recycling Breakeven Test

By Identity of Industries Generating & Disposing RCRA Hazardous Wastes
Which are Currently Disposed (2005)*

A	B	C (A+B)	D	E	F (D+E)

Item	Economic Subsector

(2-digit NAICS Code)	Location of Generation Tons Per Year	Location of
Disposal Tons Per Year

Generation disposed onsite	Generation disposed offsite

(shipped)	Total generation disposed	Beneficial disposal*	Non-beneficial
disposal**	Total disposal

1	11	Ag, Forestry, Fishing & Hunting	0	3	3	0	0	0

2	21	Mining	0	4,522	4,522	11,475	761	12,236

3	22	Utilities	0	10,632	10,632	0	12	12

4	23	Construction	0	4,418	4,418	1	0	1

5	31	Manufacturing	0	5,263	5,263	0	0	0

6	32	Manufacturing	295,316	509,245	804,561	145,162	439,346	584,508

7	33	Manufacturing	177,120	770,386	947,506	0	179,650	179,650

8	42	Wholesale Trade	62	10,173	10,236	3,120	3,065	6,185

9	44	Retail Trade	0	94	94	0	0	0

10	45	Retail Trade	0	148	148	0	0	0

11	48	Transportation	100	23,583	23,683	246	295	541

12	49	Postal, Couriers, Messengers Storage	4	10,768	10,772	4,686	1,336
6,022

13	51	Information	0	2,223	2,223	50	42	91

14	52	Finance & Insurance	0	18	18	0	0	0

15	53	Real Estate, Rental & Leasing	0	410	410	10	27	37

16	54	Prof, Scientific & Tech Services	42	10,024	10,066	17	323	340

17	55	Mgt of Companies/Enterprises	0	14	14	0	0	0

18	56	Admin, Waste Mgt & Remediation	86,045	147,983	234,028	289,798
951,401	1,241,199

19	61	Educational Services	0	3,093	3,093	2	186	187

20	62	Health Care, Social Assistance	0	2,396	2,396	0	0	0

21	71	Arts, Entertainment, Recreation	0	277	277	0	36	36

22	72	Accommodation & Food Services	0	0	0	0	0	0

23	81	Other Services	0	2,971	2,971	0	3	3

24	92	Public Administration	48	7,260	7,308	0	147	147

25	??	NAICS code not reported	0	0	0	5,130	48,315	53,445

Column totals =	558,738

(27%)	1,525,904

(73%)	2,085 million

(100%)	459,697

(22%)	1,624,945

(78%)	2,085 million

(100%)

Explanatory Notes:

Data Source: USEPA 2005 RCRA Hazardous Waste Biennial Report (BR):
http://www.epa.gov/epaoswer/hazwaste/data/br05/index.htm

* Beneficial disposal = H050 + H061;  ** Non-beneficial disposal = H040
+ H071 + H073 + H075 + H076 + H077 + H081 + H082 + H083 + H101 + H103 +
H111 + H112 + H121 + H122 + H123 + H124 + H129 + H131 + H132 + H134 +
H135 + H141

Exhibit 5J

Screening Selection Results of Baseline Disposal for Recycling Breakeven
Test by Industries Generating Disposed Hazardous Wastes (2005)

A	B	C	D

Item	Economic Subsector

(2-digit NAICS Code)	Commodity Group 1 disposal	Commodity Group 2
disposal	Commodity

Group 3 disposal	Total Disposal

1	11	Agriculture, Forestry, Fishing & Hunting	0	3	0	3

2	21	Mining	110	2,774	1,637	4,522

3	22	Utilities	611	10,019	3	10,632

4	23	Construction	300	4,119	0	4,418

5	31	Manufacturing	1,890	3,366	7	5,263

6	32	Manufacturing	340,311	459,945	4,305	804,561

7	33	Manufacturing	854,418	92,834	254	947,506

8	42	Wholesale Trade	1,306	8,879	51	10,236

9	44	Retail Trade	0	94	0	94

10	45	Retail Trade	4	144	0	148

11	48	Transportation	20,338	3,326	19	23,683

12	49	Postal, Couriers, Messengers, Storage	564	10,117	91	10,772

13	51	Information	0	2,200	22	2,222

14	52	Finance & Insurance	0	18	0	18

15	53	Real Estate, Rental & Leasing	4	407	0	411

16	54	Professional, Scientific & Tech Services	396	9,656	14	10,066

17	55	Mgt of Companies/Enterprises	0	14	0	14

18	56	Admin, Waste Mgt & Remediation	171,796	62,032	200	234,028

19	61	Educational Services	112	2,975	6	3,093

20	62	Health Care, Social Assistance	20	2,376	0	2,396

21	71	Arts, Entertainment, Recreation	1	276	0	277

22	72	Accommodation & Food Services	0	0	0	0

23	81	Other Services	86	2,885	0	2,971

24	92	Public Administration	3,754	3,470	84	7,308

25	??	NAICS code not provided	0	0	0	0

Column totals =	1,396,019

(67%)	681,928

(33%)	6,694

(<1%)	  =SUM(ABOVE)  2.085  million

(100%)

Exhibit 5K

Screening Selection Results of Baseline Disposal for Recycling Breakeven
Test by Physical Form of Total Baseline Disposed RCRA Hazardous Wastes
(2005)

A	B	C	D (A+B+C)

Item	Biennial Report Physical Form Code	Commodity Group 1 disposal
Commodity

Group 2 disposal	Commodity

Group 3 disposal	Total disposal

1	W001	Lab packs w/out acute haz waste	0	0	0	  =SUM(LEFT)  0

2	W002	Contaminated debris	0	0	0	  =SUM(LEFT)  0

3	W004	Lab packs w/acute haz waste	0	0	0	  =SUM(LEFT)  0

4	W301	Contaminated soil	0	0	0	  =SUM(LEFT)  0

5	W309	Batteries, battery parts, cores, casings	0	0	0	  =SUM(LEFT)  0

6	W310	Filters, adsorbents, ion exchange resins, spent carbon	23	0	5,084
  =SUM(LEFT)  5,107

7	W320	Electrical devices	0	0	0	0

8	W512	Sediment or lagoon dragout, drilling or other muds	0	0	0	0

9	W801	Compressed gases	0	0	0	0

Subtotal mixed media/debris/devices =	23	0	5,084	  =SUM(LEFT)  5,107

10	W101	Very dilute aqueous waste >99% water	0	0	0	0

11	W103	Spent concentrated acid	0	0	0	0

12	W105	Acidic aqueous wastes <5% acid	0	0	0	0

13	W107	Aqueous waste containing cyanides	89,361	0	1,610	  =SUM(ABOVE)
10,214

14	W110	Caustic aqueous waste or wastewaters	0	0	0	0

15	W113	Other aqueous waste or wastewaters	0	0	0	0

16	W117	Waste liquid mercury	134	0	0	  =SUM(LEFT)  134

17	W119	Other inorganic liquid	0	0	0	0

Subtotal inorganic liquids =	89,495	0	1,610	  =SUM(LEFT)  91,105

18	W200	Still bottoms liquid form	0	0	0	0

19	W202	Concentrated halogenated solvent	0	12,394	0	  =SUM(LEFT)  12,394

20	W203	Concentrated non-halogenated solvent	0	259,999	0	259,999

21	W204	Concentrated halogenated/non-halo solvent mixture	0	160,478	0
160,478

22	W205	Oil-water emulsion/mixture	0	0	0	0

23	W206	Waste oil	0	0	0	0

24	W209	Paint, ink, lacquer or varnish	0	79,946	0	79,946

25	W210	Reactive or polymerizable organic liquids/adhesives	0	0	0	0

26	W211	Paint thinner or petroleum distillates	0	36,663	0	36,663

27	W219	Other organic liquid	0	0	0	0

Subtotal organic liquids =	0	549,480	0	549,480

28	W303	Ash	61,400	0	0	61,400

29	W304	Slags, drosses, other solid thermal residues	320,361	0	0	320,361

30	W307	Metal scale, filings, scrap (including drums)	27,586	0	0	27,586

31	W312	Cyanide or metal cyanide bearing solids, salts, chems	1,184	0	0
1,184

32	W316	Metals salts or chemicals w/out cyanide	28,444	0	0	28,444

33	W319	Other inorganic solids	11,068	0	0	11,068

Subtotal inorganic solids =	450,043	0	0	450,043

34	W401	Pesticide solids	0	0	0	0

35	W403	Solid resins, plastics, polymerized organics	0	0	0	0

36	W405	Explosives or reactive organic solids	0	0	0	0

37	W409	Other organic solids	0	0	0	0

Subtotal organic solids =	0	0	0	0

38	W501	Lime or metal hydroxide sludges	124,120	0	0	124,120

39	W503	Gypsum sludges from wastewater or air treatment 	0	0	0	0

40	W504	Other sludges from wastewater or air treatment	0	0	0	0

41	W505	Metal bearing sludges	412,633	0	0	412,633

42	W506	Cyanide-bearing sludges	161,257	0	0	161,257

43	W519	Other inorganic sludges	0	0	0	0

Subtotal inorganic sludges =	573,890	0	0	573,890

44	W603	Oily sludge	0	0	0	0

45	W604	Paint or ink sludges, still bottoms	0	0	0	0

46	W606	Resins, tars, polymer, tarry sluge	0	0	0	0

47	W609	Other organic sludge	0	0	0	0

Subtotal organic sludges =	0	0	0	0

48	W???	Physical form code not provided	158,450	132,449	0	  =SUM(LEFT)
290,899

Totals =	1,396,019

(67%)	681,928

(33%)	6,694

(<1%)	  =SUM(LEFT)  2.085 million

(100%)

Notes:  Data Source: USEPA 2005 RCRA Hazardous Waste Biennial Report:
http://www.epa.gov/epaoswer/hazwaste/data/br05/index.htm

* Beneficial disposal = H050 + H061;  ** Non-beneficial disposal = H040
+ H071 + H073 + H075 + H076 + H077 + H081 + H082 + H083 + H101 + H103 +
H111 + H112 + H121 + H122 + H123 + H124 + H129 + H131 + H132 + H134 +
H135 + H141.

Chapter 6

Estimate of Industry Baseline Cost for Complying with 14 RCRA Regulatory
Requirements

6A.	Regulatory Burden Baseline Cost Estimation Methodology

This chapter estimates the baseline (i.e., current) RCRA regulatory
compliance burden --- consisting of administrative paperwork burden plus
technical standards burden --- which may be eliminated with changes in
RCRA regulatory status of the industrial materials and industrial
facilities under each DSW final rule exclusion.  As itemized in Exhibit
6A below, this RIA estimates 14 elements of baseline RCRA regulatory
burden on the regulated community (i.e., industrial hazardous waste
generators, waste transporters, and waste TSDFs) such as reporting to
USEPA-authorized state governments, onsite recordkeeping, RCRA
permitting of waste management units, waste transport manifesting, and
meeting RCRA Subtitle C technical standards for design, construction,
operation and closure of hazardous waste management units.  These are
the baseline compliance costs associated with managing a facility’s
RCRA hazardous waste.

	Exhibit 6A below presents the 14 baseline burden requirements according
to RCRA-regulatory facility status as LQGs, SQGs, CESQGs, and TSDFs.
The generator status of a facility may change when recycled wastes are
no longer counted as hazardous waste under the DSW final rule, resulting
in reduction or elimination of some RCRA baseline burden.  The
non-recycled quantity of hazardous waste a facility generates will
determine its post-rule generator status and continued RCRA regulatory
burden.  Some facilities may generate no RCRA hazardous waste post-rule.

	Also, if LQGs, SQGs, and CESQGs recycle more waste they may further
reduce their generator status (i.e., switch from LQG to SQG, or switch
from LQG to CESQG, or switch from SQG to CESQG status, or may no longer
be a RCRA hazardous waste generator under any of these three regulatory
categories).  CESQGs already have exclusions from many RCRA regulatory
requirements because of their small annual generation rate (i.e., less
than 100 kilograms per month which is equivalent to 1.3 tons per year).
SQGs and CESQGs have fewer RCRA regulatory administrative requirements
than LQGs under 40 CFR Part 262 of RCRA Subtitle C (i.e., relatively
less baseline burden for RCRA personnel training, biennial reporting of
hazardous waste generation and management activities, and preparation of
contingency plans).

Exhibit 6A

Summary of 14 Baseline RCRA Subtitle C Regulatory Compliance
Requirements by Industry Facility Classification

A	B	C	D	E	F	G

Item	RCRA Subtitle C Requirement	Facility Regulatory Classification
Potential Change in Baesline Regulatory Burden Under the DSW Final Rule
Exclusions

LQG	SQG	CESQG	TSDRF

	1	Obtain USEPA ID Number	Required	Required	Not required	Required
Assumed no cost savings because generators already have incurred costs
for obtaining USEPA ID numbers (i.e., assumed “sunk cost”)

2	Personnel Training	Required (40 CFR 262.34)	Basic training required
(40 CFR 262.34)	Not required	Required	Cost savings incurred if generator
becomes a  SQG or CESQG with exclusion.

	3	Recordkeeping	Required for manifests, exception report, and biennial
report.	Required for manifests and exception reports.	Not required
Required for manifests, exception report,  and biennial report	Cost
savings incurred if recycled waste not defined as a hazardous waste or
if generator becomes a SQG  or CESQG with exclusion .

4	Exception Report	Required within 45 days of hazardous waste being
accepted by initial transporter	Required within 60 days of hazardous
waste being accepted by initial transporter	Not Required	See Generator
Requirements	Cost savings incurred if generator becomes a SQG or CESQG
with exclusion.

5	Biennial Reporting	Required	Not required	Not required	Required	Cost
savings incurred if generator becomes a SQG or CESQG with exclusion.

6	Storage Requirements for Accumulated Hazardous Waste	Full compliance
with management of containers or tanks	Basic requirements with technical
standards for containers or tanks	None	Full compliance with management
of containers or tanks	Assumed no cost savings if generator status
changes because facilities already have incurred costs (i.e., assumed
“sunk cost”).

7	Part B Permit Renewal	None	None	None	Required	Costs savings incurred
by permitted recycling facilities with exclusion.  If they only recycle
waste, they will incur facility-wide permit renewal savings.  Otherwise,
they only will incur savings associated with the permit renewal for the
storage area associated with the recycling process.

8	Use Manifests	Required	Required, unless the waste is reclaimed under a
contractual agreement	Not required	See Generator Requirements	Cost
savings incurred if recycled waste not defined as a hazardous waste or
if generator becomes a SQG (with contract agreement) or CESQG with
exclusion.

9	Preparadeness & prevention	Required	Not Required	Not Required	Required
Cost savings incurred if generator becomes a SQG or CESQG with
exclusion.

10	Contingency Plan	Required	Not required	Not required	Permit
Requirement	Cost savings incurred if generator becomes a SQG or CESQG
with exclusion.

11	Emergency Plan	Required	Not required	Not required	Permit Requirement
Cost savings incurred if generator becomes a SQG or CESQG with
exclusion.

12	Facility closure	Not required	Not required	Not Required	Required	Cost
savings incurred

13	Post-closure care	Not required	Not required	Not required	Required
Cost savings incurred

14	Accumulation Time	90 days “Speculative accumulation” provisions
(40 CFR 261.1(c)(8)) require that during a calendar year the amount of
material that is recycled, or transferred to a different site for
recycling, must equal at least 75% by weight or volume of the material
at the beginning of the period.	180 days [or 270 days if transported
more than 200 miles]

“Speculative accumulation” provisions (40 CFR 261.1(c)(8)) require
that during a calendar year the amount of material that is recycled, or
transferred to a different site for recycling, must equal at least 75%
by weight or volume of that material at the beginning of the period.
None	90 days	Cost savings incurred if generator becomes a SQG or CESQG
with exclusion.  Cost savings for longer speculative accumulation time
limits for recycled materials.

Column total requirements =	11	7	0	14

	6B.	Unit Costs for Estimating the RCRA Regulatory Burden Baseline

This section identifies the RCRA regulatory compliance baseline unit
costs which form the basis for estimating baseline burden on affected
industries.  Unit cost data and baseline cost estimates are not
presented in this RIA for baseline RCRA regulatory requirements which
(a) are “sunk costs” or (b) the baseline regulatory requirement is
an infrequent event, for example:

Obtaining an USEPA identification number (this is assumed a “sunk
cost” for affected industries)

Preparing a RCRA manifest exception report (this is an unpredictable
baseline regulatory event that does not frequently occur and is not
estimated in this RIA)

Complying with storage requirements for accumulated hazardous waste
(this is assumed a “sunk cost” for affected industries)

Exhibit 6B below provides a summary of 14 RCRA baseline unit costs
applied in this RIA to estimate the RCRA regulatory burden baseline cost
to affected industries, which will be reduced under the DSW final rule
amendments.  Appendix B to this RIA provides background data references
and computations for these baseline RCRA regulatory unit costs.

	The primary sources of many of these baseline burden unit costs are the
labor hour estimates contained in Information Collection Request (ICR)
supporting statements for the RCRA hazardous waste program.  An ICR
describes reporting, record keeping, survey, or other information
collection requirements imposed on the public (e.g., households,
industry) by a Federal agency such as the USEPA.  The ICR provides an
overview of the collection, and estimates the cost and time for the
public to respond.  ICR paperwork burden, referred to as RCRA
administrative requirements in this chapter, are evaluated for
compliance with 40 CFR 262 generator standards such as manifest,
pre-transport, recordkeeping, reporting, and differences in regulatory
requirements for facilities that are LQG, SQG, CESQG, and TSDF
regulatory status.

Exhibit 6B

Summary of 14 Baseline RCRA Regulatory Burden Unit Costs

For RCRA Hazardous Wastes Potentially Affected by the DSW Rule

A	B	C	D	E	F	G

Item	Baseline RCRA hazardous waste (Subtitle C) regulatory requirements
Average unit cost & cost frequency per RCRA regulatory burden activity
by type of facility which incurs this baseline regulatory cost	How this
cost element is applied for cost savings estimation in this RIA	Unit
cost supplemental information & references

	Activity	40 CFR Citation	Type of applicable facility

	1	EPA ID Number	262.12	LQGs, SQGs	---	---	Unit cost not estimated.
Assumed no cost savings.

264.11	TSDRFs

	2	Personnel training	262.34,	LQGs, SQGs	Haz Waste Handling:

LQG: $2,726/year

SQG: $847/year

CESQG: $0/year

Manifest Preparation:

LQG/SQG: $335/year

CESQG: $0/year	Annual for facilities that change generator status

(i.e., LQGs which are estimated to become SQGs, and for SQGs which are
estimated to become CESQGs)	Supporting Statement for ICR Number 820.10
Hazardous Waste Generator Standards, Jan 2008

264.16 & 265.16	TSDRFs

	3	Record-keeping	262.40	LQGs, SQGs	LQG: $702/year

SQG: $468/year

CESQG: $234/year	Annual for facilities that change generator status	DPRA
professional judgment

263.22	Transporters

	264.74 & 265.75	TSDRFs

	4	Manifest Exception Report	262.42	LQGs, SQGs. TSDRFs	---	---	Not
estimated; unpredictable event does not frequently occur.

5	Biennial reporting	262.41	LQGs	LQG:  $364/year

SQG: $0/year (not required)

CESQG: $0/year (not required)	Annual for facilities that change
generator status	Supporting Statement for USEPA ICR Number 976.13 "The
2007 Hazardous Waste Report", Sept 18, 2007

264.75 & 265.75	TSDRFs

	6	Storage requirements for accumulated Has Waste	265 Subparts I, J, W,
AA, BB & CC	LQGs, SQGs, TSDRFs	---	---	Unit cost not estimated.  Assumed
there would be no incremental cost savings.

7	RCRA Subtitle C Part B permit renewal	270	TSDRFs	Metal Type Wastes:
$2,445 to $4,890/year

Solvent/Acid Type Wastes: $2,418 to $4,836/year	Annual for permitted
recycling facilities	USEPA, Office of Regulatory Enforcement, Estimating
Costs for the Economic Benefits of RCRA Noncompliance, Sept 1994.

8	Use manifest	262 Sub B	LQGs, SQGs	LQG: $48.30/manifest

SQG & Nonhazardous Shipments: $47.63/manifest	Annual for facilities that
change generator status	Supporting Statement for ICR Number 801.15
"Requirements for Generators, Transporters, & Waste Management
Facilities Under the RCRA Hazardous Waste Manifest System.", Dec 30,
2004

263 Sub B	Transporters

	264.71 & 265.71	TSDRFs

	9	Preparedness & prevention	264/265 Subpart C	TSDRFs	See Items 2, 10,
11	Annual for facilities that change generator status	See Items 2, 10,
11

10	Contingency plan	264/265 Subpart D	TSDRFs	LQG:  $733/year

SQG: $0/year

CESQG: $0/year	Annual for facilities that change generator status
Supporting Statement for ICR Number 820.10 Hazardous Waste Generator
Standards, Jan 2008

11	Emergency plan	264/265 Subpart D	TSDRFs	LQG: $482/year

SQG: $94/year

CESQG: $0/year	Annual for facilities that change generator status
Supporting Statement for ICR Number 820.10 Hazardous Waste Generator
Standards, Jan 2008

12	Closure	264/265 Subpart G	TSDRFs	Metal Type Wastes: $3,340/year

Solvent/Acid Type Wastes: $2,266/year 	Annual for facilities that switch
from disposal to recycling	DPRA professional judgment using RACER* 2005
unit costs inflated to 2007 dollars using GDP implicit price deflator.

13	Post-closure	264/265 Subpart G	TSDRFs	see Item 12	Annual for
facilities that switch from disposal to recycling	see Item 12

14	Accumulation Time	  SEQ CHAPTER \h \r 1 261.1(c)(8) & 262.34	LQGs,
SQGs, TSDRFs	  SEQ CHAPTER \h \r 1 Commercial Recovery

Acid Recovery: $171/ton

Solvent Recovery: $785/ton

Metal Recovery: $345/ton

  SEQ CHAPTER \h \r 1 Waste Testing

$346/load

  SEQ CHAPTER \h \r 1 Transport for Disposal

Acid Residual: $1,659/load

Solvent Residual: $2,444/load

Metal Residual: $2,144/load

  SEQ CHAPTER \h \r 1 Transport for Recovery

Acid Recovery: $2,135/load

Solvent Recovery: $2,169/load

Metal Recovery: $3,248/load	Annual for facilities that change generator
status	DPRA professional judgment using RACER* 2005 unit costs inflated
to 2007 dollars using GDP implicit price deflator.

Average fixed** costs per-facility:	LQGs = $5,342/year

SQGs = $1,744/year

CESQGs = $234/year

Explanatory Notes:

* RACER = Remedial Action Cost Engineering Requirements cost estimating
system:   HYPERLINK
"http://talpart.earthtech.com/racer_documentation.htm"
http://talpart.earthtech.com/racer_documentation.htm

** In addition to “fixed costs” per facility, this exhibit also
includes “variable costs” which are dependent upon different
physical quantities (e.g., annual counts of waste shipment manifests,
annual waste tonnage generated and shipped, annual counts of waste
shipment truckloads) which vary from year-to-year across affected
industrial facilities and thus are not summarized in the bottom row of
this exhibit.

6C.	Estimate of RCRA Regulatory Paperwork Burden Baseline

Exhibit 6C

Estimate of Affected Industry Baseline Annual Costs for Complying with
14 Baseline RCRA Regulatory Requirements

Which Will be Eliminated Under the DSW Exclusions

Note: Cost estimates are based on annual hazardous waste tonnages of
both baseline recycling + baseline disposal which may switchover to
recycling

Item	RCRA Requirement	Exclusion 1

Generator-controlled	Exclusion 2

Offsite transfers	Exclusion 3

Case-by-case	Combined Impact

(Exclusions 1+2+3)

1	Obtain USEPA ID number	Assumed $0	Assumed $0	Assumed $0	Assumed $0

2	RCRA Personnel Training	$128,088	$3,227,580	$25,903	$3,381,571

3	Recordkeeping	$17,089	$466,323	$3,455	$486,867

4	Manifest exception reporting	Assumed $0	Assumed $0	Assumed $0	Assumed
$0

5	Biennial Reporting	$21,846	$456,209	$4,417	$482,472

6	Storage requirements for hazardous wastes	Assumed $0	Assumed $0
Assumed $0	Assumed $0

7	Part B permit renewal	$0	$1,620,000	$0	$1,620,000

8	Use Manifests	$42,760	$713,532	$8,647	$764,939

9	Preparedness & prevention	Included in Items 2, 10 & 11	Included in
Items 2, 10 & 11	Included in Items 2, 10 & 11	Included in Items 2, 10 &
11

10	Contingency Plan	$43,992	$186,965	$8,897	$239,854

11	Emergency Planning	$24,480	$555,144	$4,951	$584,575

12	Facility closure	$0	($1,190,745)	$0	($1,190,745)

13	Facility post-closure	Included in

Item 12	Included in

Item 12	Included in

Item 12	Included in

Item 12

14	Accumulation time

Note: the cost savings for this row item include (net-out) the
incremental costs for row 10 in Exhibit 7C (i.e., recycling residuals
management costs)	Transportation =

Loading =

Recycling =

Waste/Resid. Disposal =

Waste Characterization =

Row 14 subtotal =	$4,974,809

$0

$0

$1,239,189

$306,277

$6,520,875	$40,530,443

($70,345)

$24,557,143

$19,410,294

$6,754,191

$91,181,727	$1,006,062

$0

$0

$250,603

$62,060

$1,318,724	$46,511,314

($70,345)

$24,557,143

$20,900,086

$7122,528

$99,021,326

Column totals =	$6,799,130	$97,216,735	$1,374,994	$106.4 million

Chapter 7

Estimate of Potential Industry Costs to Meet 12 DSW Exclusion Conditions

This chapter estimates the potential cost to industry for meet to 12
conditions associated with the three DSW final rule exclusions.
Implementation of the DSW rule may cause facilities to incur costs for
meeting these conditions under the DSW exclusions, which may affect
facility onsite waste accumulation practices, waste shipping, site
closure/post-closure, and waste treatment residual management
operations.  For example, notification to RCRA-authorized state
governments (or USEPA regional offices) for excluded materials will be
required, which represents an implementation cost for compliance with
the de-regulatory exclusions under the DSW final rule.

	In addition to new paperwork burden costs for meeting the conditions of
each DSW exclusion, industry compliance with the conditions of each DSW
exclusion may also result in secondary impacts such as:

Generator status:	The resulting changes in generator status from LQG to
SQG, to CESQG, or to non-generator status, will allow longer
accumulation times, resulting in larger truckloads for shipment.  With
larger truckloads minimum management charges (higher unit costs, $/ton)
may be avoided.  Longer accumulation times will result in few shipments
and reduced total shipping costs.

Residuals management:	The DSW rule may cause residuals (e.g., ash,
distillation bottoms) generated from the recycling processes to be no
longer regulated as “derived-from” RCRA hazardous wastes (RCRA 40
CFR 261.3(c)(2)(I)).  Management of previously “listed” hazardous
residuals may shift from RCRA Subtitle C regulated hazardous waste
management to de-regulated management, although RCRA
“characteristic” hazardous waste residuals will continue to need to
be managed as hazardous waste (40 CFR 261 Subpart C of the RCRA
regulations defines “characteristic” hazardous wastes according to
four classifications: 261.21 ignitability, 261.22 corrosivity, 261.23
reactivity, and 261.24 toxicity).

Exhibit 7A below presents a summary of the 12 conditions for the three
DSW final rule exclusions, and Exhibit 7B displays the average unit
costs estimated in this RIA for each.  Additional unit cost details are
provided in Appendix C to this RIA.  Exhibit 7C presents the estimated
annual cost for all affected facilities to comply with these conditions.

Exhibit 7A

12 Conditions for the 2008 DSW Amendments Final Rule Recycling
Exclusions

Conditions	Exclusion 1:

Generator Controlled Recycling	Exclusion 2:

Offsite Transfer Recycling	Exclusion 3:

Case-by-Case Variance	Potential Cost Impacts on Affected Industries

1	No speculative accumulation	Yes	Yes	N/A	“Speculative accumulation”
provisions (see 40 CFR 261.1(c)(8)) require that during a calendar year
(beginning January 1) the amount of material that is recycled, or
transferred to a different site for recycling, must equal at least 75%
by weight or volume of the amount of that material at the beginning of
the period.  Impact not estimated in this RIA.

2	Generator notifies USEPA initially & every 2-years	Yes	Yes	N/A	Costs
were estimated for generators to complete a notification of RCRA
exclusion for their recycled wastes every 2-years.

3	Notification signed by corporate official	Yes	Yes	N/A	Additional costs
will be incurred in the notification process to brief and obtain the
signature of a corporate official.

4	Generator submits petition to USEPA to demonstrate that materials are
not solid wastes	N/A	N/A	Yes	Costs will be incurred to conduct waste
characterization (totals and TCLP) to demonstrate waste has metal,
solvent or other material values warranting recovery.

5	Maintain records of all offsite shipments for recycling	No (onsite)

Yes (if involving offsite company affiliate, or tolling agreement)	Yes
N/A	Costs will be incurred by generator to maintain records of materials
shipments to offsite recycling.

6	Confirmation of shipment receipt	Yes	Yes	N/A	Costs will be incurred by
(a) offsite recycler to confirm to generator receipt of shipment, and
(b) generator to maintain record of confirmation receipts.

7	Recycler has liability insurance for accidents	No	Yes	N/A	This RIA
assumes no additional costs will be incurred because assumes all
affected facilities currently have liability insurance for accidents as
part of standard industry practice.

8	Recycler has financial assurance for closure	No	Yes	N/A	Costs incurred
by recycler for obtaining financial assurance for closure/post closure
of secondary materials storage containers.

9	Materials must be contained	Yes	Yes	Yes	This RIA assumes no additional
costs because assumes all affected facilities will ensure containment to
avoid CERCLA  liability and RCRA corrective action for leaks/spills.

10	Residuals derived from recycling managed in
environmentally-protective manner	No	Yes	N/A	Assume all affected
entities are currently treating residuals as listed waste, so cost
savings will be incurred because “listed” waste definitions will no
longer be attached to residuals.

11	Generator exercises due diligence reasonable efforts to ensure
offsite recycling is legitimate	No	Yes	N/A	Generator incurs cost for
conducting due diligence on offsite recycler.

12	Export of materials for recycling requires notice & consent and
filing of an annual report documenting the actual number of shipments
and quantity of material exported	N/A	Yes	N/A	Costs incurred by
generator to notify foreign recycling facility of the requirements of
the DSW exclusions and file an annual report on materials exported.
This RIA does not estimate the annual fraction (percentage) of affected
hazardous secondary materials which may be exported for recycling.
However, this is a baseline RCRA Subtitle C requirement (40 CFR 262.53;
40 CFR 262.56), so no incremental cost impact.

Count of total conditions* =	6	11	2

	Explanatory Notes:

N/A = Not applicable.

* Total counts of conditions in this Exhibit (a) do not include the four
“legitimate recycling” factors (2 mandatory factors, plus 2
non-mandatory factors) which are common to all three recycling
exclusions and are substantively the same as the current legitimacy
policy, (b) do not distinguish and include the five sub-elements of item
11 due diligence for Exclusion 2, and (c) do not distinguish and include
the nine criteria for making a non-waste determination under Exclusion
3..  This  more detailed sub-itemization of requirements exceeds the
impact estimation level-of-detail of this RIA  Addition of these 18
omitted sub-items would increase the total count of conditions to 10 for
Exclusion 1, to 20 for Exclusion 2, and to 15 for Exclusion 3.

Exhibit 7B

Summary of Estimated Unit Costs for Industry Compliance with 12 DSW
Exclusion Conditions

Source: Assumptions, Data, & Computations Presented in Appendix C

Item	DSW Exclusion Condition	40 CFR Equiva-lence	Type of Industrial
Facility	Average Unit Cost Per Condition	Frequency of Compliance with
Condition	Description as Applied in this RIA

(note: see the 2008 DSW final rule for exact description)

1	No speculative accumulation)	261.1(c)(8) & 262.34	LQGs, SQGs
Generators may pay surcharges to TSDRFs for more frequent pick-up of
less than full loads:

  SEQ CHAPTER \h \r 1 Commercial Recovery

Acid Recovery: $171/ton

Solvent Recovery: $785/ton

Metal Recovery: $345/ton

  SEQ CHAPTER \h \r 1 Waste Testing  $346/load

  SEQ CHAPTER \h \r 1 Transport for Disposal

Acid Residual: $1,659/load

Solvent Residual: $2,444/load

Metal Residual: $2,144/load

  SEQ CHAPTER \h \r 1 Transport for Recovery

Acid Recovery: $2,135/load

Solvent Recovery: $2,169/load

Metal Recovery: $3,248/load	Varies by recycled tons, recycling type and
changes in generator status	“Speculative accumulation” provisions
(40 CFR 261.1(c)(8)) require that during a calendar year (beginning Jan
1) the amount of material that is recycled, or transferred to a
different site for recycling, must equal at least 75% by weight or
volume, of material at the beginning of the period.

Cost savings incurred if generator becomes a SQG or CESQG under the DSW
exclusions.

DPRA professional judgment using RACER* 2005 unit costs inflated to 2007
dollars using GDP implicit price deflator.

2	Generator notifies USEPA initially & every 2-years	New	LQGs, SQGs,
CESQGs	$122 per initial notification

$122 per re-notification

Average annualized basis = $61 per year (i.e., ($122 every two-years) /
(2 years re-notification period))	Initially plus every 2 years; this RIA
calculates an average annualized cost to apply in the impact estimation
spreadsheets.	DPRA profession judgment assuming 110 minutes labor time
per initial and per re-notification consisting of 38 minutes project
manager time + 64 minutes staff engineer time + 8 minutes clerical time.

3	Notification signed by corporate official	New	LQGs, SQGs, CESQGs	$123
per initial certification

$123 per re-certification

Average annualized basis = $62 per year (i.e., ($123 every 2 years) / (2
year re-notification period))	Initially plus every two years; this RIA
calculates an average annualized cost to apply in the impact estimation
spreadsheets.	DPRA professional judgment; Additional costs will be
incurred in the notification process to brief and obtain the signature
of a corporate official.

4	Generator submits petition to USEPA to demonstrate that materials are
not solid wastes	New	LQGs, SQGs, CESQGs	$11,415/variance	Once	Assume
administrative burden cost to industry is identical to the USEPA
Supporting Statement for ICR nr 1189.14 Identification, Listing, &
Rulemaking Petitions, Sept 13, 2004; To conduct waste characterization
(totals and TCLP) to demonstrate waste has metal, solvent or other
material values warranting recycling.

5	Maintain records of off-site shipments for recycling 	New	LQGs, SQGs,
CESQGs	LQG: $702/year

SQG: $468/year

CESQG: $234/year	Annual for facilities that change generator status	DPRA
professional judgment; Cost incurred by generator to maintain records of
offsite recycling shipments.  Estimated by generator status.

6	Confirmation of shipment receipt

TSDRFs	See Item 6	Every shipment	See Item 6

7	Recycler has liability insurance for accidents	New if not a permitted
TSDRF;

Otherwise,

264.147 for permitted TSDRF	TSDRFs	$0	Annual	Assumed no cost because
affected facilities assumed to have liability insurance.

8	Recycler has financial assurance for closure	264/265 Subpart H	TSDRFs
$1,397 + 1.5% of Closure Costs	Annual for facilities that switch from
disposal to recycling	USEPA-OSW-EMRAD Sept 2000 Unit Cost Compendium
(UCC).**  Costs incurred by recycler for obtaining financial assurance
for closure/post closure of secondary materials storage tanks.

9	Materials must be contained	New	LQGs, SQGs, TSDRFs	$0	Annual	This RIA
assumes no additional costs because assumes all affected facilities will
ensure containment (a) to avoid CERCLA liability costs, and (b) to avoid
RCRA corrective action for leaks/spills.

10	Residuals derived-from recycling managed in
environmentally-protective manner	New	LQGs, SQGs, CESQGs	Metals
(stabilization/landfill): $223/hazardous ton; $2,004 min. charge per haz
load; $37/nonhaz ton; $337 min. charge per nonhaz load;

Solvents (fuel blending): $226/ton; $2,352 min. charge per load;

Acids (precipitation/ dewatering/ stabilization/ landfill): $378/ton;
$3,722 min. charge per load	Annual	Cost savings are incurred because
“listed” waste definitions will no longer be attached to residuals
and accumulation times are longer and shipments are bigger with changes
in generator status.

Cost savings are for changes in generator status allowing longer storage
times and larger shipments resulting in avoided minimum disposal
charges.

Residuals continue to be treated as listed wastes.

The cost for this exclusion condition is not separately estimated in
this chapter of the RIA because this condition is a variation on
baseline RCRA requirements, and is therefore netted-out in the estimated
baseline cost item 14 of Exhibit 6C that will be eliminated from the DSW
exclusions..

11	Generator due diligence to ensure offsite recycling is legitimate	New
LQGs, SQGs, CESQGs	$1,761 per each generator facility per each “due
diligence” event conducted by a generator on a recycler.	Annual
Generator incurs cost to conduct “due diligence” on recycler,
consisting of “reasonable efforts” to ensure recycling is
legitimate.

12	Export for recycling requires notice & consent and filing annual
reports documenting number of shipments and quantity of materials
exported	262 Subpart E	LQGs, SQGs, CESQGs	$7 per shipment for notice &
consent plus per facility costs for assembling and filing an annual
report	Varies by count of annual export shipments	Costs incurred by
generator for notification of foreign recycling facility of the
requirements for the exclusion/exemption.

Costs incurred by generator for assembling and filing an annual report

This RIA does not estimate the annual percentage of affected hazardous
secondary materials which may be exported for recycling.  However,  this
is a baseline RCRA Subtitle C requirement (40 CFR 262.53; 262.56), so no
cost impact estimated in this RIA.

Explanatory Notes:

“Legitimate recycling” factors are not included as conditions in
this Exhibit because the legitimacy factors are common to all three
exclusions and are substantively the same as the current legitimacy
policy.

* RACER = Remedial Action Cost Engineering Requirements cost estimating
system: http://talpart.earthtech.com/racer_documentation.htm

** UCC = OSW’s 30 Sept 2000 “Unit Cost Compendium” (121 pages) is
available to the public as document ID nr. EPA-HQ-RCRA-2002-0031-0429 at
the Federal government docket website: http://www.regulations.gov.

Exhibit 7C

Summary of Industry Annual Costs to Meet the 12 Conditions of the DSW
Final Rule Exclusions

Note: impacts in this Exhibit based on annual tonnages from baseline
recycling + baseline disposal switchover to recycling

A	B	C	D	E	F (C+D+E)

Item	RCRA Requirement	Exclusion 1	Exclusion 2	Exclusion 3	Combined
Exclusions 1+2+3

1	No speculative accumulation	$0	$0	N/A not applicable	$0

2	Generator notifies USEPA initially & every 2-years	$18,909	$367,787
N.A	$386,696

3	Notification signed by corporate official	$18,909	$367,787	N/A
$386,696

4	Generator submits petition to USEPA to demonstrate materials are not
solid wastes	N/A	N/A	$79,905	$79,905

5	Maintain records of all offsite shipments for recycling	$17,089

(assume same as baseline cost in Exhibit 6C row 3)	$466,323

(assume same as baseline cost in Exhibit 6C row 3)	$3,455

(assume same as baseline cost in Exhibit 6C row 3)	$486,867

(assume same as baseline cost in Exhibit 6C row 3)

6	Confirmation of shipment receipt	Assume included in  Item 5	Assume
included in  Item 5	N/A	Assume included in Item 5

7	Recycler has liability insurance for accidents	N/A	$0	N/A	$0

8	Recycler has financial assurance for facility closure	N/A	$1,819,707
N/A	$1,819,707

9	Materials must be contained	$0	$0	$0	$0

10	Residuals derived from recycling managed in
environmentally-protective manner	N/A	Netted-out from baseline burden in
Exhibit 6C item 14; assume residuals managed as haz waste	N/A	Netted-out
from baseline burden in Exhibit 6C item 14; assume residuals managed as
haz waste

11	Generator exercises due diligence reasonable efforts to ensure
offsite recycling is legitimate	N/A	$12,610,993	N/A	$12,610,993

12	Export of materials for recycling requires notice & consent and
filing of an annual report	N/A	$0	N/A	$0

Column totals =	$37,818	$15,165,474	$79,905	$15.8 million

Total count* of requirements =	6	11	2

	Explanatory Notes:

$0 in this exhibit either designates (a) that this RIA assumes these
cost elements will not change relative to baseline, or (b) that these
cost elements are expected to be relatively small and not estimated in
this RIA.

* Total counts in this Exhibit (a) do not include the four “legitimate
recycling” factors (2 mandatory factors, plus 2 non-mandatory factors)
which are common to all three recycling exclusions and are substantively
the same as the current legitimacy policy, (b) do not distinguish and
include the five sub-elements of item 11 due diligence for Exclusion 2,
and (c) do not distinguish and include the nine criteria for making a
non-waste determination under Exclusion 3.  This more detailed
sub-itemization of requirements exceeds the impact estimation
level-of-detail of this RIA  Addition of these 18 omitted sub-items
would increase the count of conditions to 10 for Exclusion 1, 20 for
Exclusion 2, and 15 for Exclusion 3.

Chapter 8

Micro-Economic Breakeven Test

to Estimate Potential Baseline Disposal Switchover to Recycling

8A.	Breakeven Test Methodology

Excluding metals, solvents, and other industrial “hazardous secondary
materials” from RCRA regulation should make it more economical for
generators and recycling facilities to recover the market-valued
commodities from these materials, if the materials are recycled rather
than disposed.  This chapter presents estimates of the potential new
future industrial recycling that may be induced by the DSW exclusions.
The induced new recycling estimates are based on applying a financial
“breakeven test” to estimate the portion of baseline hazardous
wastes which might switchover from baseline disposal (either onsite or
offsite disposal) to future offsite recycling.  This impact is relevant
to both Exclusion 1 and Exclusion 2, so this breakeven test is conducted
simultaneously for both exclusions to eliminate double-counting and
over-estimation of this potential switchover impact.

Note:	This RIA does not include a breakeven test to estimate possible
(a) switchover of baseline offsite recycling to onsite recycling, or (b)
switchover of baseline disposal to onsite recycling, as a result of the
DSW final rule.  This RIA does not apply the breakeven test to estimate
new onsite recycling for three reasons: (a) the broad array of 100s of
different industries consisting of 1,000s of industrial facilities
generating or managing 10,000s of industrial hazardous waste streams
potentially affected by the DSW final rule prohibits a meaningful
analysis in this RIA that would reflect the unique onsite plant and
business factors required to formulate an accurate, nationwide estimate,
and (b) some large industrial associations and large industrial
companies representing a large fraction of the industries most likely
affected by the DSW final rule commented to OSW that new investments in
onsite recycling is an unlikely scenario for many diverse industries
because of engineering, technical, financial, and business reasons.  On
the other hand, OSW does anticipate that the DSW final rule may induce
future switchover of hazardous secondary materials from offsite disposal
and offsite recycling, to onsite recycling in some industries, because
such switchovers have been reported in recent technical literature in
absence of the DSW final rule.  Consequently, this limitation in the
methodology of this RIA probably results in a lower new recycling impact
estimate in this chapter.

Compared to the potential future cost savings estimated in this RIA for
exclusion of hazardous wastes currently being recycled, this switchover
impact represents in this RIA, a relatively less certain, hypothetical
future scenario.  It is important to emphasize that this disposal
switchover to recycling scenario does not represent a “prediction”
or “forecast” in this RIA, but represents a “futures analysis”
method often used by USEPA:

“Scenarios are not predictions. They are stories of how the future
might unfold — plausible stories that reflect information about trends
and potential future developments. [Scenarios may be] designed to span a
range of potential future conditions. The actual future is not likely to
match any one of [alternative] depictions, but it will probably fall
somewhere within the range of possibilities that [scenarios] explore.”

The underlying rationale for this disposal switchover scenario is that
excluding metal-, solvent-, and other chemical-bearing wastes that are
recycled, is expected to make it more economical for waste generators
and for waste recycling facilities to recover valuable chemical
constituents from these wastes.  Therefore, induced new recycling
impacts may result in additional savings to generators from at least
three sources:

Relaxed waste accumulation time limits.

De-regulation of waste management residuals (e.g. ash, sludges,
leachates) from recycled materials; i.e., if wastes are no longer
considered a listed hazardous waste, the residuals generated by the
waste recycling processes may no longer be regulated as “hazardous
waste” under the RCRA "Derived-from Rule" (40 CFR 261.3(c)(2)(i)).
Therefore, the management of these residuals might shift from RCRA
Subtitle C (hazardous waste) to Subtitle D (nonhazardous waste) disposal
if the residuals do not test characteristically hazardous (40 CFR 261
Subpart C).

Reduction and elimination of baseline costs for RCRA regulatory
paperwork burden to affected entities (e.g., for manifesting, for
maintaining RCRA waste management permits).

However, possibly offsetting some fractions of these potential RCRA
regulatory cost savings, are the incremental costs to affected
facilities, associated with complying with the conditions of each DSW
exclusion.  Induced new recycling impacts are a combination of:

RCRA regulatory paperwork burden costs savings to industry

New costs to affected industrial facilities to implement (i.e., comply
with) the 12 DSW exclusion conditions

State government hazardous waste fee cost savings to industry

Waste management costs (i.e., current waste disposal cost compared to
new recycling cost) to industry waste generators

Potential market value to recyclers of the recovered material
commodities (if hypothetically recycled rather than disposed)

All of these elements are integrated in the micro-economic (i.e.,
facility- and waste-specific) financial breakeven test to determine
which facilities may be induced to switchover from baseline disposal to
future recycling under the DSW exclusions.

8B.	Key Assumptions Applied to Breakeven Test

Recycled materials markets:	The breakeven test does not include an
evaluation of whether the US or global markets for recycled industrial
secondary materials are large enough to absorb the potential increase in
supply of recycled materials estimated in this RIA.  Market conditions
for recycled secondary materials can vary considerably over time.
Demand for recycled solvent, for example, is largely dependent on the
petroleum market: because virgin solvent is made from petroleum
products, high petroleum prices encourage solvent recycling.  Similarly,
high metals prices obviously favor the recycling of metal-bearing
secondary materials.

National average unit costs:	The breakeven test assumes national average
unit costs for industrial recycling equipment/operations, and does not
account for variability in regional or local industrial and recycling
market conditions.

Quality & technical feasibility:	The resultant baseline disposal wastes
quantities selected according to the primary and secondary screening
criteria in Chapter 5 of this RIA, are assumed to have yielded a subset
of disposed waste types/quantities which of sufficient physical quality
and technical acceptability for potential materials recovery.

Spreadsheet computation:	This breakeven test is structured according to
an “IF statement” cost comparison structure which compares baseline
disposal costs for each waste category, to the hypothetical alternative
cost for each facility to switch management of wastes to offsite
commercial recycling under Exclusion 2.  This cost comparison indicates
that facilities may switch to new recycling if the hypothetical cost for
recycling is less than the baseline disposal cost.  The breakeven test
was not applied to the case-by-case Exclusion 3, because this RIA
assumes that baseline disposal switchover will not occur under Exclusion
3 which involves case-by-case variances.

8C.	Summary of Breakeven Test Results

Exhibit 8A presents the micro-economic breakeven points as measured by
the minimum annual tonnage of waste generated which may be more
economical to offsite commercial recycle (under Exclusion 2), compared
to the cost of their baseline disposal.  This breakeven test is not
applied to the relative small number of average annual facilities and
associated small waste quantities (tons per year) which may become
excluded under Exclusion 3.

	The breakeven test compared five categories of cost elements for
baseline RCRA-regulated waste disposal, to hypothetical switchover to
DSW-excluded recycling:

Potential cost savings from reduced RCRA regulatory burden associated
with baseline disposal, as described in Chapter 6.

Potential offsetting costs to generators and recyclers for compliance
with the 12 conditions of the DSW final rule exclusions as presented in
Chapter 7.

Potential cost savings to generators from reduced hazardous waste taxes
paid to state governments as presented in Chapter 10.

Potential market value of recoverable commodities contained in the
baseline disposed wastes as presented in Appendix A.

Differences in baseline disposal costs as compared to offsite commercial
recycling prices, as presented in Appendix D.

Exhibit 8A

Breakeven Point (tons/year) Where Offsite Recycling is Potentially More
Economical than Baseline Disposal

A	B	C	D	E	F

Item	Baseline disposal category	Baseline disposal method	Assumed offsite
recycling method	Micro-economic breakeven for switchover to offsite
recycling

(tons/year)	Baseline disposal exceeding breakeven

(tons/year)

Commodity Group #1: Metals

1A	Metal Containing Liquids 	H071/H077

Chemical Precipitation	Offsite Ion Exchange

Metals Recovery	Not economical at any reported quantity 	0

1B	Metal Containing Solids 	H111 stabilization & H132 landfill	Offsite
Smelting	≤ 36.5 tons/yr if LQG pre-rule.

28<x<36.5 tons/yr if change to lower generator status 	2,489

1C	Metal Containing Sludges 	H111 stabilization & H132 landfill	Offsite
Smelting	≤ 30.9 tons/yr if LQG pre-rule	5,082

1D	Emission Control Dust 	H111 stabilization & H132 landfill	Offsite
Smelting	≤ 22 tons/yr if LQG pre-rule	4.5

1E	Catalyst	H111 stabilization & H132 landfill	Offsite Smelting	≥ 0
tons/yr if LQG pre-rule	10,947

Commodity Group #2: Solvents

2A	Solvent Bearing Liquids 	H050 Energy Recovery	Offsite Fractionation/
Distillation	≤ 15.2 tons/yr if change in generator status from LQG
2,682

2B	Other Organic Liquids 	H050 Energy Recovery	Offsite Fractionation/
Distillation	≤ 17.1 tons/yr if change in generator status from LQG
1,073

Commodity Group #3: Other Materials

3A	Carbon	H040 incineration	Offsite Carbon Regeneration	≤ 32 tons if
LQG pre-rule. 	1,136

3B	Sodium Fluoride	H111 stabilization & H132 landfill	Offsite Fluoride
Recovery using Vortec technology	Not economical at any reported quantity
(no commercial capacity has been constructed)	0

Column total =	23,413

8D.	Market Value of Recoverable Commodities in Baseline Disposal for
Recycling Switchover

Exhibit 8B below presents estimates of the potential market value
embedded in the potentially recoverable materials for the 11 disposed
waste types potentially affected by the DSW final rule.  In the exhibit,
the potential market value is based on an assumption that 100% of the
waste tonnage per year shifts from baseline disposal to future recycling
as a result of the DSW rule, according to the assumed (a) concentration,
(b) recovery yield, and (c) market price for each commodity recovered
from the waste (see Appendix A for data references).  However, for whom
the cost of recycling becomes more favorable than their baseline cost
for disposal, will be determined in the breakeven test presented
elsewhere in this RIA.

	The market value estimate incorporates a factor to account for possible
quality losses in the purity or effectiveness of the recoverable
product.  The potential market value of recoverable constituents is
estimated in this RIA using commercial market values.  As listed below,
there are at least three important factors which determine the potential
market value of recoverable constituents, pertaining to the relative
quality (i.e., physical/chemical composition) of the constituents in the
secondary materials:

Constituent type:	The chemical type and concentration of constituents
present in the secondary material impacts the cost for reclaimers to
manage the waste, and the cost of reclamation is influenced by the
market price the recyclers can obtain for the constituents they recover.

Multiple constituents:	The presence of multiple metals and/or other
chemical constituents may impact both the marketability and feasibility
of reclamation.  While the waste may contain multiple recoverable metals
or other chemical constituents, reclaimers prefer that generators not
co-mingle multiple metals, solvents, etc. in their secondary materials.
For example, reclaimers prefer to accept wastes that have been
segregated into a mono-metal or bi-metal sludge.  (Source: Borst, Paul
A., USEPA Office of Solid Waste, Economic, Methods and Risk Analysis
Division, “Recycling of Wastewater Treatment Sludges from
Electroplating Operations,” F006, 18th AESF/EPA Pollution Prevention
and Control Conference, January 27-29, 1997, p. 179.).  In certain
instances, reclaimers face higher costs to handle impurities (i.e.,
metal/chemical constituents considered not to be of market value by the
offsite reclaimer) in excess of a specified concentration.  (Source:
Lamancusa, James P., “Strategies at a Decorative Chromium
Electroplating Facility: On-line vs. Off-line Recycling,” Plating and
Surface Finishing, April 1995, p.48.)

Constituent quality:	Generators may attempt to improve the quality of
their secondary materials containing potential recoverable materials, in
order to improve the productivity of reclamation, thereby allowing them
to accumulate more cost-effective quantities for reclamation.

Exhibit 8B

Market Value of Recoverable Commodities in Baseline Disposed Wastes
Meeting the Recycling Switchover Breakeven Test

 ADVANCE \d4 A	 ADVANCE \d4 B	 ADVANCE \d4 C	 ADVANCE \d4 D	E	F	 ADVANCE
\d4 G (B x C x D x E)	 ADVANCE \d4 H (F x G)

Type of commodity in baseline disposed wastes	 ADVANCE \d4 Baseline
disposed Waste quantity meeting breakeven test (tons/year)	 ADVANCE \d4
Typical recoverable commodity concentration in disposed waste

(% waste tonnage)	 ADVANCE \d4 Percentage of baseline disposed wastes
which may contain the commodity	Breakeven test spread sheet calibration
factor	Commodity value @90% market price for virgin materials

($/ ton)	 ADVANCE \d4 Quantity of commodities potentially recoverable
from disposed waste (tons/year)	 ADVANCE \d4 Potential annual market
value of recoverable commodities @90% virgin material price

Commodity Group #1: Metals

1A. Metal Containing Liquids (copper, lead, zinc)	0	 ADVANCE \d4 0.025%
100%	0%	$2,063	0	$0

1B. Metal Containing Solids (copper, lead, zinc)	2,489	 ADVANCE \d4
4.152% 	36%	100%	$2,072	37.2	$77,086

1C. Metal Containing Sludges (chromium, copper, nickel, zinc)	5,082
ADVANCE \d4 1.004% 	7%	100%	$9,413	3.6	$33,619

1D. Emission Control Dust (zinc)	4.5	 ADVANCE \d4 2.451% 	62%	100%
$1,908	0.07	$130

1E. Catalyst (molybdenum disulfide)	10,947	 ADVANCE \d4 5% 	90%	16.7%
$43,390	82.3	$3,569,552

Group #1 subtotal =	18,522.5

	123.2	$3,680,400

Commodity Group #2: Solvents

2A. Solvent Bearing Liquids (alkyl benzenes, toluene, xylene, methanol)
2,682	37.85%	56%	100%	$845	568.5	$480,363

2B. Other Organic Liquids (acetone, methyl ethyl ketone, toluene,
xylene)	1,073	27.31%	37%	100%	$909	108.4	$98,557

Group #2 subtotal =	3,755

	676.9	$578,900

Commodity Group #3: Other Materials

3A. Carbon	 ADVANCE \d4 1,136	 ADVANCE \d4 90%	 ADVANCE \d4 100%	10%
$4,289	102.2	$438,500

3B. Sodium Fluoride	 ADVANCE \d4 0	 ADVANCE \d4 2% 	 ADVANCE \d4 100%	0%
$39,051	0	$0

Group #3 subtotal =	1,136

	102.2	$438,500

Column Total =	23,413

	902.3	$4.7 million

Explanatory Notes:

Column A: Assumed commodity constituents in baseline disposed wastes
identified based on data and references presented in Appendix A to this
RIA.

Column B: Tonnage is output of the spreadsheets used for the Chapter 8
micro-economic breakeven test of this RIA (based on 2005 RCRA Biennial
Report).

Column C: “Typical” concentrations calculated to represent
tonnage-weighted mean (i.e., harmonic mean) concentrations relative to
the entire quantity of the waste matrix for wastes with the chemical
present (i.e., >0ppm) , based on parts-per-million (ppm) data and
references presented in Appendix A to this RIA.  For purpose of
converting ppm data to percentages, the number 1,000,000 ppm is
numerically equivalent to 100% of the entire waste tonnage, 500,000 ppm
equals 50% of the waste tonnage, 100,000 ppm equals 10% of the waste
tonnage, and .10,000 ppm equals 1% of the waste tonnage.

Column D: Derived from the data and references presented in Appendix A
to this RIA.

Column E: Calibration factor applied to the micro-economic breakeven
test spreadsheets (Chapter 8 of this RIA) in order to calibrate the
breakeven calculations so that the spreadsheets do not estimate that
baseline disposed hazardous wastes would be expected to switch to
recycling without de-regulatory industry cost savings from exclusions
under the DSW final rule.  This calibration factor can be interpreted as
a numerical adjustment to offset and compensate for the lack of
highly-detailed and exact unit cost estimates for each of the nationwide
100s of different industries consisting of 1,000s of facilities which
are generating and managing 10,000s of individual waste streams which
may be affected by the DSW  rule, and which are evaluated in the
breakeven spreadsheets (a total of 14,144 baseline disposal waste
streams are evaluated in the breakeven spreadsheets).  A 100%
calibration factor in this Exhibit indicates no adjustment was required
for the particular waste type.  Calibration factors <100% in this
Exhibit indicate the breakeven test spreadsheets estimated that the
alternative cost for recycling the particular waste type in absence of
the DSW exclusion cost savings was already lower than the current
baseline hazardous waste disposal cost.  For all such cases in the
breakeven spreadsheets, the estimated recovered commodity market value
component of the alternative recycling cost was multiplied by the <100%
factor to achieve parity in the estimated recycling cost with baseline
disposal cost, absent the estimated cost savings of the DSW exclusions.

Column F: Derived from the data and references in Appendix A to this
RIA; 90% market price applied to account for perceived or real lower
quality.

Chapter 9

De-Regulatory Cost Savings Net Impact Estimates

This chapter contains a series of exhibits which present the outcome of
the net impact estimation spreadsheet computations for this RIA.  The
net impact estimates consist of three additive components:

Baseline cost:		This RIA estimates annual industry cost savings to LQGs,
SQGs, transporters, and TSDRFs for elimination of all 14 baseline
regulatory cost elements estimated in Chapter 6 under all three DSW
final rule exclusions.  However, because baseline hazardous waste
recyclers (particularly commercial recyclers) may operate multiple types
of hazardous waste management units at their facilities (thus not
completely eliminating their TSDF regulatory status under RCRA Subtitle
C), this RIA only estimates baseline cost savings for one of the TSDRF
recycler cost elements listed in Chapter 6 (i.e., Exhibit 6B row item 7
“Part B permit renewal” cost savings).

New costs:		To affected industries for complying with the paperwork
burden conditions under each DSW exclusion.

Net market value:	Of industrial secondary materials recovered from
potential switchover of some hazardous wastestreams from baseline
disposal to new future recycling under the DSW exclusions (as estimated
in Chapter 8).

The following exhibits parse the impact estimates (i.e., net cost
savings) for each exclusion, according to 2-digit NAICS code economic
sub-sectors:

Exhibit 9A:		Presents estimated counts of affected hazardous industrial
waste streams

Exhibit 9B:		Presents estimated counts of affected industrial facilities

Exhibit 9C:		Presents estimated counts of affected industries (i.e.,
5-digit NAICS code industry counts within the 24 different 2-digit NAICS
sectors)

Exhibit 9D:		Presents estimated annual tonnages of affected hazardous
wastes

Exhibit 9E:		Presents the dollar-value of estimated annual net cost
savings to industry according to 2-digit NAICS sectors

Exhibit 9F:		Presents the combined impact for all three exclusions
according to two impact components: (a) industry cost savings from
de-regulation of baseline recycling (columns A to D), and (b) net cost
savings from regulated baseline disposal switchover to de-regulated
recycling (columns E to H).

Exhibit 9G: 	Presents the estimated future shift in baseline RCRA
regulatory generator status of affected industrial facilities (i.e.,
pre-rule and post-rule estimated counts of affected LQGs, SQGs, and
CESQGs)

This RIA estimates net cost savings to industry for each exclusion,
based on the following additional considerations for some exclusions:

Exclusion 1C:	Tolling arrangement offsite recycling indirectly estimated
using baseline offsite recycling for NAICS industry code 32519 Other
Organic Chemical Mfg.

Exclusion 2:	Offsite transfer recycling based on all other offsite
recycling not covered under Exclusion 1 (i.e., mutually-exclusive
non-duplicative impact), plus all baseline disposal estimated to
potentially shift to offsite recycling.

Exclusion 3:	Average annual waste stream count estimated by assuming one
waste stream excluded per average annual affected facility.  Note that
each exhibit of this chapter does not present Exclusion 3 as a separate
exhibit column according to the 2-digit NAICS code itemization, because
Exclusion 3 is estimated in this RIA based on a simple methodology
outside of the baseline recycling and baseline disposal datasets applied
in the de-regulatory cost savings and disposal switchover breakeven test
analyses used to estimate impacts for Exclusion 1 and Exclusion 2.  For
this reason, only the aggregate annual impact estimate for Exclusion 3
is presented as a bottom row of each exhibit.

Exhibit 9A

Estimated Average Annual Count of Affected Hazardous Waste Streams
(2005)

(Count of Baseline Recycling Waste Streams + Count of Baseline Disposal
Waste Streams Which May Switchover to Recycling)

Item	Industry 2-digit NAICS code	A	B	C	D	E (A+B+C+D)

Exclusion 1A

(Generator onsite)	Exclusion 1B

(Same co. offsite)	Exclusion 1C

(offsite tolling)	Exclusion 2

(Transfer-based)	Combined

Exclusions 1+2

1	11	Ag, Forestry, Fishing, Hunting	0	0	0	7	7

2	21	Mining	0	0	0	46	46

3	22	Utilities	0	2	0	218	218

4	23	Construction	1	0	0	34	35

5	31	Manufacturing	0	0	0	76	76

6	32	Manufacturing	116	31	322	3,794	4,263

7	33	Manufacturing	60	21	0	9,076	9,157

8	42	Wholesale Trade	6	0	0	301	307

9	44	Retail Trade	0	0	0	34	34

10	45	Retail Trade	0	0	0	6	6

11	48	Transportation	2	0	0	277	279

12	49	Postal, Messengers, Storage	0	2	0	48	50

13	51	Information	1	0	0	25	26

14	52	Finance & Insurance	0	0	0	0	0

15	53	Real Estate, Rental & Leasing	0	6	0	17	23

16	54	Prof, Scientific & Tech Services	1	2	0	457	460

17	55	Mgt of Companies/Enterprises	0	0	0	10	10

18	56	Admin, Waste, & Remediation	37	327	0	434	798

19	61	Educational Services	2	3	0	1,045	1,050

20	62	Health Care, Social Assistance	2	5	0	217	224

21	71	Arts, Entertainment, Recreation	0	0	0	11	11

22	72	Accommod & Food Services	0	0	0	0	0

23	81	Other Services	0	1	0	206	207

24	92	Public Administration	0	2	0	1,045	1,047

25	??	NAICS code not provided	0	0	0	0	0

Column totals =	228	402	322	17,382	18,334

Sub-total offsite tonnage excluded (Columns B+C+D) =	18,106

Impact for Exclusion 3 (NAICS code industry-by-industry impact for
Exclusion 3 not estimated) =	74

Combined impact (Exclusion 1 + Exclusion 2 + Exclusion 3) =	18,408

Exhibit 9B

Estimated Count of Affected Facilities

(i.e., Existing Facilities Which May Become Eligible for the Three DSW
Final Rule Exclusions)

Item	Industry 2-digit NAICS code	A	B	C	D	E (A+B+C+D)

Exclusion 1A

(Generator onsite)	Exclusion 1B

(Same co. offsite)	Exclusion 1C

(offsite tolling)	Exclusion 2

(Transfer-based)	Combined

Exclusions 1+2

1	11	Ag, Forestry, Fishing, Hunting	0	0	0	3	3

2	21	Mining	0	0	0	23	23

3	22	Utilities	0	2	0	105	107

4	23	Construction	1	0	0	23	24

5	31	Manufacturing	0	0	0	38	38

6	32	Manufacturing	55	5	102	1,309	1,471

7	33	Manufacturing	40	10	0	2,497	2,547

8	42	Wholesale Trade	1	0	0	117	118

9	44	Retail Trade	0	0	0	33	33

10	45	Retail Trade	0	0	0	5	5

11	48	Transportation	1	0	0	116	117

12	49	Postal, Messengers, Storage	0	1	0	31	32

13	51	Information	1	0	0	11	12

14	52	Finance & Insurance	0	0	0	0	0

15	53	Real Estate, Rental & Leasing	0	6	0	9	15

16	54	Prof, Scientific & Tech Services	1	1	0	177	179

17	55	Mgt of Companies/Enterprises	0	0	0	5	5

18	56	Admin, Waste, & Remediation	8	64	0	96	168

19	61	Educational Services	2	2	0	186	190

20	62	Health Care, Social Assistance	2	1	0	90	93

21	71	Arts, Entertainment, Recreation	0	0	0	7	7

22	72	Accommod & Food Services	0	0	0	0	0

23	81	Other Services	0	1	0	88	89

24	92	Public Administration	0	1	0	213	214

25	??	NAICS code not provided

	Column totals =	112	94	102	5,182	5,490

Impact for Exclusion 3 (NAICS code industry-by-industry impact for
Exclusion 3 not estimated) =	74

Combined impact (Exclusion 1 + Exclusion 2 + Exclusion 3) =	5,564

Exhibit 9C

Estimated Count of Affected Industries (5-digit NAICS codes)

Item	Industry 2-digit NAICS code	A	B	C	D	E (A+B+C+D)

Exclusion 1A

(Generator onsite)	Exclusion 1B

(Same co. offsite)

Incremental above Exclusion 1A	Exclusion 1C

(offsite tolling)

Incremental above Exclusion 1A & 1B	Exclusion 2

(Transfer-based)

Incremental above Exclusion 1A, 1B & 1C	Combined

Exclusions 1+2

1	11	Ag, Forestry, Fishing, Hunting	0	0	0	1	1

2	21	Mining	0	0	0	4	4

3	22	Utilities	0	1	0	5	6

4	23	Construction	1	0	0	4	5

5	31	Manufacturing	0	0	0	9	9

6	32	Manufacturing	21	1	1	44	67

7	33	Manufacturing	22	4	0	73	99

8	42	Wholesale Trade	1	0	0	13	14

9	44	Retail Trade	0	0	0	0	0

10	45	Retail Trade	0	0	0	1	1

11	48	Transportation	1	0	0	16	17

12	49	Postal, Messengers, Storage	0	1	0	3	4

13	51	Information	1	0	0	3	4

14	52	Finance & Insurance	0	0	0	0	0

15	53	Real Estate, Rental & Leasing	0	1	0	3	4

16	54	Prof, Scientific & Tech Services	1	1	0	4	6

17	55	Mgt of Companies/Enterprises	0	0	0	1	1

18	56	Admin, Waste, & Remediation	3	3	0	7	13

19	61	Educational Services	2	0	0	3	5

20	62	Health Care, Social Assistance	2	0	0	4	6

21	71	Arts, Entertainment, Recreation	0	0	0	1	1

22	72	Accommod & Food Services	0	0	0	0	0

23	81	Other Services	0	1	0	4	5

24	92	Public Administration	0	1	0	8	9

25	??	NAICS code not provided	0	0	0	0	0

Column totals =	55	14	1	211	281

Impact for Exclusion 3 (NAICS code industry-by-industry impact for
Exclusion 3 not estimated) =	Not Estimated

Combined impact (Exclusion 1 + Exclusion 2 + Exclusion 3) =	281

Exhibit 9D

Estimated Annual Tonnage of Affected Hazardous Wastes

(Based on 2005 Hazardous Waste Generation & Management Tons Reported in
the RCRA Biennial Report)

Item	Industry 2-digit NAICS code	A	B	C	D	E (A+B+C+D)

Exclusion 1A

(Generator onsite)	Exclusion 1B

(Same co. offsite)	Exclusion 1C

(offsite tolling)	Exclusion 2

(Transfer-based)	Combined

Exclusions 1+2

1	11	Ag, Forestry, Fishing, Hunting	0	0	0	12	12

2	21	Mining	0	0	0	125	125

3	22	Utilities	0	<1	0	1,454	1,454

4	23	Construction	4	0	0	809	813

5	31	Manufacturing	0	0	0	307	307

6	32	Manufacturing	140,187	1,265	41,561	169,118	352,131

7	33	Manufacturing	282,279	4,103	0	685,123	971,505

8	42	Wholesale Trade	654	0	0	28,145	28,799

9	44	Retail Trade	0	0	0	235	235

10	45	Retail Trade	0	0	0	53	53

11	48	Transportation	19	0	0	1,599	1,618

12	49	Postal, Messengers, Storage	0	1	0	1,202	1,203

13	51	Information	11	0	0	256	266

14	52	Finance & Insurance	0	0	0	0	0

15	53	Real Estate, Rental & Leasing	0	3,413	0	85	3,498

16	54	Prof, Scientific & Tech Services	<1	13	0	1,037	1,050

17	55	Mgt of Companies/Enterprises	0	0	0	26	26

18	56	Admin, Waste, & Remediation	14,703	17,263	0	16,641	48,606

19	61	Educational Services	7	7	0	806	819

20	62	Health Care, Social Assistance	83	10	0	520	613

21	71	Arts, Entertainment, Recreation	0	0	0	12	12

22	72	Accommod & Food Services	0	0	0	0	0

23	81	Other Services	0	1	0	1,017	1,018

24	92	Public Administration	0	50	0	1,411	1,461

25	??	NAICS code not provided	0	0	0	0	0

Column totals =	437,948	26,126	41,561	909,990	1,415,625

Sub-total offsite tonnage excluded (Columns B+C+D) =	977,677

(227,400 shipments*)

Impact for Exclusion 3 (NAICS code industry-by-industry impact for
Exclusion 3 not estimated) =	121,484

Combined impact (Exclusion 1 + Exclusion 2 + Exclusion 3) =	1.537
million

Explanatory Notes:

* Annual offsite shipments (i.e., RCRA manifests) affected estimated by
dividing offsite tonnage by range of 4.3 tons average partial load from
Exhibit D12 of this RIA.

Exhibit 9E

Estimated Net Annual Cost Savings to Industry (De-Regulatory Cost
Savings to Baseline Recycling Plus Net Value of Commodities Recovered
from Baseline Disposal Switchover to Recycling)*

Item	Industry 2-digit NAICS code	A	B	C	D	E (A+B+C+D)

Exclusion 1A

(Generator onsite)	Exclusion 1B

(Same co. offsite)	Exclusion 1C

(offsite tolling)	Exclusion 2

(Transfer-based)	Combined

Exclusions 1+2

1	11	Ag, Forestry, Fishing, Hunting	$0	$0	$0	$7,512	$7,512

2	21	Mining	$0	$0	$0	$390,908	$390,908

3	22	Utilities	$0	$67,766	$0	$1,164,898	$1,231,663

4	23	Construction	$16,161	$0	$0	$227,356	$243,517

5	31	Manufacturing	$0	$0	$0	$563,771	$563,771

6	32	Manufacturing	$598,500	$74,453	$3,152,740	$22,232,035	$26,017,729

7	33	Manufacturing	$1,416,248	$262,935	$0	$43,731,442	$45,410,625

8	42	Wholesale Trade	$229	$0	$0	$1,685,941	$1,686,170

9	44	Retail Trade	$0	$0	$0	$180,466	$180,466

10	45	Retail Trade	$0	$0	$0	$89,026	$89,026

11	48	Transportation	($1,108)*	$0	$0	$1,854,278	$1,853,170

12	49	Postal, Messengers, Storage	$0	$32,544	$0	$532,552	$565,097

13	51	Information	$16,060	$0	$0	$226,667	$242,737

14	52	Finance & Insurance	$0	$0	$0	$0	$0

15	53	Real Estate, Rental & Leasing	$0	$27,692	$0	$104,741	$132,433

16	54	Prof, Scientific & Tech Services	$16,229	$50,126	$0	$2,711,792
$2,778,146

17	55	Mgt of Companies/Enterprises	$0	$0	$0	$83,982	$83,982

18	56	Admin, Waste, & Remediation	$147,296	$683,958	$0	$1,672,231
$2,503,484

19	61	Educational Services	$30,679	$65,931	$0	$3,377,907	$3,474,516

20	62	Health Care, Social Assistance	$13,953	$63,371	$0	$1,357,893
$1,435,217

21	71	Arts, Entertainment, Recreation	$0	$0	$0	$63,965	$63,965

22	72	Accommod & Food Services	$0	$0	$0	$0	$0

23	81	Other Services	$0	$33,382	$0	$1,092,644	$1,126,027

24	92	Public Administration	$0	$33,167	$0	$3,930,941	$3,964,109

25	??	NAICS code not provided	$0	$0	$0	$0	$0

Column totals =	$2,214,246	$1,394,325	$3,152,741	$87,282,962	$94,044,273

Average per affected facility ($/facility) =	$19,770	$14,800	$30,900
$16,800	$17,100

Average per affected wastestream ($/waste) =	$9,710	$3,470	$9,790	$5,020
$5,180

Average per affected waste annual ton ($/ton) =	$5	$53	$76	$96	$62

Impact for Exclusion 3 (NAICS code industry-by-industry impact for
Exclusion 3 not estimated) =	$1,279,795

Combined impact (Exclusion 1 + Exclusion 2 + Exclusion 3) =	$95.3
million

* Reductions in state fees may influence a generator’s waste
management decisions (e.g., disposal vs. recycling) and are included in
the micro-economic breakeven test. Distributive effects on state
governments are not treated as social costs in this RIA for estimating
the net economic impact of the DSW final rule.  Government fees often
represent “transfer payments” not real resource costs.  State fees
are taken out from the net economic impact.  As a result, cost savings
may be negative in this table.

Exhibit 9F

Estimated Net Impacts Parsed According to Two Major Components:

Impacts on Baseline Recycling and Impacts on Baseline Disposal

Item	Industry 2-digit NAICS code	A	B	C	D	E	F	G	H

Impact on Baseline Recycling	Impact on Baseline Disposal (Switchover to
Recycling)

Waste streams	Facilities	Tons/year	Net savings	Waste streams	Facilities
Tons/year	Net savings

1	11	Ag, Forestry, Fishing, Hunting	6	2	9	$6,229	1	1	3	$1,283

2	21	Mining	26	17	66	$306,089	20	8	58	$84,819

3	22	Utilities	181	91	1,354	$1,090,061	37	21	100	$141,602

4	23	Construction	17	15	684	$201,383	19	11	129	$41,134

5	31	Manufacturing	46	25	257	$457,325	30	15	50	$106,447

6	32	Manufacturing	2,867	1,001	346,491	$20,617,400	1,420	729	5,640
$5,400,329

7	33	Manufacturing	6,248	1,861	956,805	$38,229,311	2,936	1,078	14,701
$7,181,314

8	42	Wholesale Trade	149	71	28,192	$1,379,861	158	55	607	$306,309

9	44	Retail Trade	34	33	235	$180,466	0	0	0	$0

10	45	Retail Trade	4	4	49	$78,914	2	1	4	$10,112

11	48	Transportation	169	88	1,315	$1,580,602	110	44	303	$272,568

12	49	Postal, Messengers, Storage	23	14	1,096	$369,577	27	18	107
$195,520

13	51	Information	25	12	245	$227,991	1	1	21	$14,745

14	52	Finance & Insurance	0	0	0	$0	0	0	0	$0

15	53	Real Estate, Rental & Leasing	18	12	3,489	$110,816	5	4	9	$21,617

16	54	Prof, Scientific & Tech Services	254	118	654	$2,256,243	208	95	396
$521,903

17	55	Mgt of Companies/Enterprises	7	4	17	$80,628	3	1	9	$3,354

18	56	Admin, Waste, & Remediation	697	148	48,406	$2,197,868	102	42	200
$305,615

19	61	Educational Services	404	134	546	$2,805,125	650	102	274	$669,391

20	62	Health Care, Social Assistance	144	68	419	$1,246,513	81	39	195
$188,703

21	71	Arts, Entertainment, Recreation	10	6	12	$57,474	1	1	0	$6,491

22	72	Accommod & Food Services	0	0	0	$0	0	0	0	$0

23	81	Other Services	192	78	959	$1,069,891	16	12	59	$56,135

24	92	Public Administration	398	124	910	$2,766,006	652	162	552
$1,198,103

25	??	NAICS code not provided	0	0	0	$0	0	0	0	$0

Column totals =	11,919	3,926	1,392,210	$77,315,777	6,479	2,440	23,413
$16,728,493

	74	74	121,484	$1,279,795	= Impact for Exclusion 3 (NAICS not estimated)

Baseline recycling + baseline disposal combined impact (Exclusion 1 +
Exclusion 2 + Exclusion 3) =	18,408	5,564	1.537 million	$95.3 million

Exhibit 9G below presents the estimated potential shift in RCRA
regulatory generator classification (i.e., status) as a result of the
DSW final rule exclusions.  This potential change in RCRA status is a
driver (i.e., determinant) for five of the 14 RCRA regulatory paperwork
burden elements itemized in Chapter 6 (i.e., Exhibit 6A row items 2, 3,
8, 10, 11, as determined by different unit costs for LQGs, SQGs, CESQGs
shown in Exhibit 6B), and thus a driver for five of the 14 annual cost
savings estimates displayed in the Exhibits of this chapter above.  To a
much lesser extent, RCRA generator status is also a determinant of one
of the 12 DSW exclusion conditions itemized in Chapter 7 (i.e., row item
5 of Exhibit 7B).

	The estimate of potential change in generator status in this RIA is in
relation to the entire annual tonnage of baseline RCRA hazardous wastes
generated or managed at each potentially affected facility (i.e., the
facility-wide total annual tonnage for all hazardous waste streams
generated or managed at a single facility), not just in relation to the
sub-set of annual hazardous waste stream tonnage which may be affected
by the DSW final rule recovery/recycling exclusions.  Thus, as estimated
in this RIA, this potential shift in RCRA regulatory status for
generators is potentially more beneficial to the relatively large number
of small-sized facilities (e.g., small businesses) which generate a
relatively small number (i.e., <5) of small tonnage hazardous wastes
annually, and less beneficial to the relatively small number of
large-sized facilities (e.g. large companies) which generate a large
number (i.e., >5) of hazardous waste streams annually.

Exhibit 9G

Expected Change in Baseline RCRA Regulatory Generator Status Under the
DSW Final Rule Exclusions

Note: impacts in this Exhibit based on annual tonnages from both
baseline recycling + baseline disposal switchover to recycling

	A	B	C	D	E	F	G	H	I (H-D)

	Baseline Facility Status Counts	Post-Rule Facility Status Counts

Generator Status*	Facilities Affected by Exclusion 1	Facilities Affected
by Exclusion 2	Facilities Affected by Exclusion 3	Combined

(Exclusions 1+2+3)	Facilities Affected by Exclusion 1	Facilities
Affected by Exclusion 2	Facilities Affected by Exclusion 3	Combined

(Exclusions 1+2+3)	Impact (incremental change)

LQG	284	4,176 	Not estimated	4,460	224	3,129	Not estimated	3,353	-1,107

SQG	19	923	Not estimated	942	66	1,319	Not estimated	1,385	+443

CESQG	5	83	Not estimated	88	18	734	Not estimated	752	+664

Column totals	308	5,182	74	5,564	308	5,182	74	5,564	0

Explanatory Notes:

* RCRA generator status is determined by the monthly hazardous waste
generation tonnages reported by each facility in the RCRA Biennial
Report:

LQGs = >13.2 tons/year

SQGs = Between 1.3 and 13.2 tons/year

CESQG = <1.3 tons per year (note: this RIA counts facilities post-rule
as CESQGs even if they are expected to become non-generators post rule).

“Acute hazardous” wastes determinations of generator status are not
taken into consideration in this RIA.

Chapter 10

Distributional Effects

10A.	Definition of Distributional Effects

This section presents an evaluation of potential distributional impacts
of the DSW final rule on various industries which are inter-related
(i.e., within the same 2-digit NAICS economic sector, or within the same
3-digit NAICS industry group, or in counterpart industries) to the
industrial facilities subject to the 12 conditions of the DSW final rule
exclusions.  As stated in the Federal Register announcement for the DSW
final rule, its main purpose is to provide additional RCRA regulatory
exclusions for industrial recycling:

“In today’s rule, EPA is revising the definition of solid waste to
exclude from regulation under Subtitle C of RCRA (42 USC 6921 through
6939(e)) certain hazardous secondary materials which are being
reclaimed.  We have defined hazardous secondary materials as those which
would be classified as hazardous wastes if discarded.  We are also
promulgating regulatory factors for determining when recycling is
legitimate” (underscoring added here for emphasis).

Thus, entities affected by the rule are those industrial facilities
which engage or support recycling operations according to the conditions
of the DSW final rule.  Under Exclusion 2, affected entities also
include intermediate (middlemen) facilities.  However, there are other
industries which may be economically affected by the rule but which are
not engaged in recycling or otherwise subject to the conditions of the
DSW final rule, but which may experience gain or loss in business
activity because of this rule.  The purpose of this chapter is to
identify these two sets of industries, by categorizing them as “direct
effects” and “indirect effects”, respectively.

	Public commentors on the 2003 RIA and 2007 RIA identified at least two
such possible indirect effects:

NAICS 56221:	The Environmental Technology Council (ETC) commenting on
the 2003 DSW proposed rule identified a potential adverse effect on the
NAICS 562211 commercial hazardous waste management industry.

NAICS 327310:	Portland cement manufacturing industry is another
relatively large current receiver (i.e., consumer) of RCRA hazardous
wastes for purpose of energy recovery (i.e., use as a fuel).  Wastes
used as fuel is a beneficial form of waste disposal whereby the energy
content (i.e., Btu value) embodied in wastes is beneficially extracted
during the waste’s destruction, by using the waste as fuel for an
industrial process to augment other sources of fuel such as coal or
natural gas.  According to the Cement Kiln Recycling Coalition (CKRC;
http://www.ckrc.org), 14 of the 100 to 105 Portland cement manufacturing
plants in the US receive RCRA hazardous wastes from fuel blenders who
collect spent solvents from auto body shops, printing plants, and large
paint makers, and use the spent solvents to augment coal as a fuel for
operating the kilns which produce Portland cement.

From a national economic perspective, this RIA evaluates two simplified
categories of potential distributional effects.  These two categories
are simplified in this RIA, in the sense that baseline hazardous waste
generators, baseline hazardous waste recyclers, and baseline hazardous
waste disposers identified in the RCRA Biennial Report as facilities
possibly subject to the DSW final rule, may in fact
generate/handle/manage multiple types of wastes (i.e., both hazardous
and non-hazardous wastes) involving multiple types of industrial
operations, and therefore be classifiable according to multiple NAICS
codes.  An example of the former is some NAICS 562211 hazardous waste
TSDRFs may also be classifiable as NAICS 562212, 562213 or 562219
non-hazardous waste TSDRFs.  An example of the later is NAICS 32 or
NAICS 33 manufacturing industries may also be secondarily classifiable
as NAICS 56 TSDRFs recyclers (e.g., NAICS 3314 secondary non-ferrous
metal smelter manufacturers who receive metal-bearing secondary
materials for metals recovery may also be secondarily classifiable as
NAICS 56292 materials recovery facilities).

	The two distributional effects categories evaluated in this RIA involve
23 industries:

Direct effects:		Net economic gain or loss to industrial facilities
engaged or supporting recycling operations and subject to the conditions
of the DSW final rule exclusions according to 8 industries grouped into
three groups:

A. Hazardous waste recycling industries: This RIA simplistically assumes
that hazardous waste recyclers will continue to provide recycling
services under the DSW exclusions at a price which passes-through their
de-regulatory cost savings to hazardous waste generator customers.

Note:	This RIA does not evaluate the extent to which baseline hazardous
waste recycling and baseline disposal switchover to recycling, may
switch to non-hazardous waste recyclers.

B. Intermediate (middlemen) service industries to hazardous waste and
hazardous secondary materials recyclers

C. Transportation: Hazardous waste transport and hazardous secondary
materials transport.

Indirect effects:	Net economic gain or loss to industrial facilities
which are not engaged in recycling nor otherwise subject to the
recycling exclusion conditions of DSW final rule, but which are lateral
or counterpart to the industries subject to the rule.  This category
includes 15 industries in four groups:

D. Hazardous waste disposal industries (displaced by induced switchover
to recycling)

E. Non-hazardous waste disposal industries (displaced by induced
switchover to recycling)

F. Virgin materials production industries (resources conserved by
recycling switchover)

G. Coal mining:	Identified in this RIA as an example substitute fuel to
replace hazardous wastes currently disposed as fuel/energy which may be
induced by the DSW final rule to switch to recycling; there many other
possible substitute fuels not evaluated in this RIA.

This chapter presents estimates for each category of potential
distributional effects.  It is important to note that indirect effects
are not necessarily additive to direct effects in all cases because some
indirect effects may represent financial “transfer effects” rather
than “real resource effects”.

10B.	Potential Distributional Effects on Industries

Exhibit 10A below presents potential distributional effects indicated by
possible shifts in annual tonnages of current hazardous wastes which may
become de-regulated as hazardous secondary materials, for 24 economic
sub-sectors (i.e., at the 2-digit NAICS code level).  These tonnage
shifts are estimated in relation to the affected tonnages displayed in
Exhibit 9D.  Based on the potential tonnage shifts displayed in Exhibit
10A, Exhibit 10B presents estimates of potential direct distributional
effects, and Exhibit 10C presents estimates of potential indirect
distributional effects in relation to annual business revenues.  This
RIA expresses these potential effects as a percentage of current annual
business revenues per-facility in affected industries.  There are six
important limitations in the scope of the distributional effects
estimated in this chapter:

Partial equilibrium effects:	The effects represent “partial
equilibrium” effects, not “general equilibrium” effects.  In other
words, this RIA estimates distributional effect based on static
prices/costs, not based on dynamic prices/costs according to price
elasticities (i.e., this RIA does not include potential changes in
relative prices between (a) hazardous and non-hazardous waste disposal
services, (b) industrial hazardous secondary materials recycling
services, (c) waste truck transportation services, or (d) recycled
materials markets, as a result of the DSW rule).

Lateral/counterpart industries: Exhibit 10B presents potential
distributional effects for 23 industries, not for all of the 100s of
upstream and downstream industries inter-linked to affected facilities.
The 23 industries represent two categories of industries:

19 lateral industries:		Consisting of industries involved in hazardous
and non-hazardous waste management recycling, disposal, transport,
intermediate support services.

4 counterpart industries:	Three commodity groups (i.e., metals,
solvents, other materials) potentially affected by baseline disposal
switchover to new recycling alternative supply of these materials, as
well as energy production (coal mining) to offset the possible loss of
energy recovery and fuel blending disposal tonnages that may switchover
to recycling under the DSW rule.

Transportation modes:	According to generalized data on hazardous waste
transportation not specific to the hazardous wastes potentially affected
by the DSW final rule, there are three modes of hazardous waste
transport, of which trucking is the predominant mode (source: page 26 of
OSW “Economics Background Document: Economic Analysis of the USEPA’s
Final Rule Revisions to the RCRA Hazardous Waste Manifest Form”, 24
Nov 2004, document ID nr. EPA-HQ-RCRA-2001-0032-0106 at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov ):

NAICS 482	Rail transportation		6% of shipments

NAICS 483	Water transportation		3% of shipments

NAICS 484	Truck transportation		91% of shipments

This RIA does not distinguish distributional effects according to these
three modes because this RIA simply assumes that current hazardous waste
transporters (NAICS 562112) will continue to transport the de-regulated
hazardous secondary material under the DSW rule, but at cost savings
from reduced partial load surcharge fees and from shorter average haul
distances.

Multiple unit facilities:	Because each sub-sector consists of many
different industries (i.e., multiple 5- and 6-digit NAICS codes), some
material shifts may also occur within the same industry group (i.e.,
3-digit NAICS code level), which is not indicated in Exhibit 10A.  For
example, DSW-excluded secondary materials could shift from baseline
hazardous waste recycling and baseline hazardous waste disposal (NAICS
562211), to non-hazardous waste recycling (NAICS 56292 materials
recovery).  The likelihood of this inter-industry shift within the NAICS
562 waste management industry sub-group is not estimated in this RIA,
for the following reason.  According to written comments submitted 25
June 2007 to the DSW rulemaking docket ID number EPA-HQ-RCRA-2002--0031
at http://www.regulations.gov from the Environmental Technology Council
(ETC) which is a "national trade association of commercial firms that
provide technologies and services to customers for the treatment,
recycling, and secure disposal of industrial and hazardous wastes"
(p.1), and which is "the largest association of companies that operate
RCRA-permitted facilities" (p.20), RCRA Subtitle C hazardous waste
management permits (i.e., "RCRA permits") do not cover an entire single
industrial facility or an entire single industrial property, but usually
only cover a distinct plant/equipment operational "unit" within a single
facility or property (e.g., waste landfill, waste storage tank, waste
incinerator, waste recycling process, waste treatment process).  For
example, ETC stated:

"In some cases, the RCRA permit may address an unrelated unit elsewhere
on the property, and the reclamation [i.e., recycling] facility itself
is not in any way covered by the permit." (p.20).

On a single facility basis, both RCRA-permitted and non-permitted
industrial recycling operations may occur within a single
facility/property (e.g., industrial secondary materials recovery
facility), which makes it difficult to estimate in this RIA where (i.e.,
at RCRA-permitted facilities or at non-permitted facilities) future new
induced industrial recycling may occur as a result of the DSW final
rule.

Tertiary effects:		Not included with the indirectly affected industries
(Exhibit 10C) are potential tertiary indirect effects such as the
possible reduction in sulfuric acid production associated with a
reduction in virgin metals production from mineral ores.

Industrial capacity:		Furthermore, this methodology implicitly assumes
that adequate industrial capacity exists in other industries affected by
potential distribution effects.  As a test of this second assumption,
based on the most recent (2006) industrial capacity utilization data for
US manufacturing industries, industrial capacity ranged between 62% to
72% in 2006 across the following three NAICS codes applied in this RIA
as proxies for industries which may receive baseline disposed hazardous
wastes which become DSW-excluded “hazardous secondary materials” for
new future recycling, suggesting a range of 28% to 38% available
non-utilized industrial capacity (source: US Dept of Commerce, Bureau of
Census, Economics & Statistics Administration, "Survey of Plant
Capacity" data are only available for NAICS 31-33 manufacturing sectors
at   HYPERLINK "http://www.census.gov/cir/www/mqc1pag2.html"
http://www.census.gov/cir/www/mqc1pag2.html ):

Proxy for solvent recycling:		NAICS 325199 all other basic organic
chemical mfg = 72% capacity utilization

Proxy for metals recycling:		NAICS 331492 other nonferrous metals
secondary smelting = 65% capacity

Proxy for acids/other recycling:	NAICS 325188 all other basic inorganic
chemical mfg = 62% capacity

Exhibit 10A

Comparison of Distribution of Affected Materials Quantities Before &
After DSW Final Rule

A	B	C	D	E	F