7.6
                                                                           7.6
                                                                         23.7
                                      15
Total
                                                                         4,354
                                                                        19,633
                                                                        20,091
                                                                       129,200
                                                                           6.4
                                                                           6.6
                                                                         29.7
Source: 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA, Exhibit 2-2. Available at: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-RCRA-2012-0121-0002.

To estimate national counts of CESQGs, this RIA applies the ratios of CESQGs to low estimates of SQGs, high estimates of SQGs, and LQGs for each state. These ratios are 6.4, 6.6, and 29.7 respectively (see Exhibit 2-8). After multiplying these ratios by state counts of SQGs and LQGs, this RIA takes the lowest and highest estimate for each state and calculates the average. This average is used throughout the rest of this RIA. Note that this extrapolation approach only applies to states for which no CESQG counts exist; the universes noted for the 14 states in Exhibit 2-8 are directly applied.

Exhibit 2-9 below displays this analysis and its results. Column B provides state counts of LQGs, and columns C and D show estimates of SQGs. Columns, E, F, and G display the products of different state counts of SQGs and LQGs with the range of ratios determined in Exhibit 2-8. Columns H and I display the lowest and highest estimates of CESQGS for each state from columns E, F, and G, respectively. Column I displays the highest estimate of CESQGs for each state from columns E, F, and G. Column J displays the average of columns H and I. Ultimately, based on this analysis, this RIA employs a national CESQG count of approximately 381,000.

                                     Exhibit 2-9
                               Estimated Counts of CESQGs

Item
                                      A
                                      B
                                      C
                                      D
                                      E
                                      F
                                      G
                                      H
                                      I
                                      J
                                      K

                                    State
                                   Count of
LQGs
                                Count of SQGs
                               Count of CESQGS
                                 CESQG Range
                               Average (H+I)/2
                             % Total (J/381,145)

                                     Low
                                     High
                                   C x 6.4
                                   D x 6.6
B x 29.7
                                     Low
                                     High

                                      1
Alabama*
                                                                           223
                                                                         1,226
                                                                         1,226
                                                                         3,390
                                                                         3,390
                                                                         3,390
                                                                         3,390
                                                                         3,390
                                                                         3,390
                                                                          0.9%
                                      2
Alaska
                                                                            27
                                                                            96
                                                                           143
                                                                           617
                                                                           941
                                                                           801
                                                                           617
                                                                           941
                                                                           779
                                                                          0.2%
                                      3
Arizona*
                                                                           210
                                                                           511
                                                                           770
                                                                         1,774
                                                                         1,774
                                                                         1,774
                                                                         1,774
                                                                         1,774
                                                                         1,774
                                                                          0.5%
                                      4
Arkansas
                                                                           123
                                                                           256
                                                                           318
                                                                         1,646
                                                                         2,093
                                                                         3,650
                                                                         1,646
                                                                         3,650
                                                                         2,648
                                                                          0.7%
                                      5
California*
                                                                         1,223
                                                                         5,915
                                                                         5,915
                                                                        21,000
                                                                        21,000
                                                                        21,000
                                                                        21,000
                                                                        21,000
                                                                        21,000
                                                                          5.5%
                                      6
Colorado
                                                                           107
                                                                           434
                                                                           482
                                                                         2,791
                                                                         3,172
                                                                         3,175
                                                                         2,791
                                                                         3,175
                                                                         2,983
                                                                          0.8%
                                      7
Connecticut
                                                                           278
                                                                           756
                                                                         1,092
                                                                         4,862
                                                                         7,186
                                                                         8,249
                                                                         4,862
                                                                         8,249
                                                                         6,555
                                                                          1.7%
                                      8
Delaware
                                                                            49
                                                                           155
                                                                           218
                                                                           997
                                                                         1,435
                                                                         1,454
                                                                           997
                                                                         1,454
                                                                         1,225
                                                                          0.3%
                                      9
District of Columbia
                                                                            23
                                                                            36
                                                                            74
                                                                           232
                                                                           487
                                                                           682
                                                                           232
                                                                           682
                                                                           457
                                                                          0.1%

                                      10
Florida*
                                                                           279
                                                                         3,800
                                                                         3,800
                                                                        19,350
                                                                        19,350
                                                                        19,350
                                                                        19,350
                                                                        19,350
                                                                        19,350
                                                                          5.1%
                                      11
Georgia
                                                                           334
                                                                           900
                                                                         1,288
                                                                         5,788
                                                                         8,476
                                                                         9,911
                                                                         5,788
                                                                         9,911
                                                                         7,849
                                                                          2.1%
                                      12
Guam
                                                                             8
                                                                             3
                                                                             8
                                                                            19
                                                                            53
                                                                           237
                                                                            19
                                                                           237
                                                                           128
                                                                          0.0%
                                      13
Hawaii*
                                                                            31
                                                                           122
                                                                           165
                                                                           692
                                                                           692
                                                                           692
                                                                           692
                                                                           692
                                                                           692
                                                                          0.2%
                                      14
Idaho
                                                                            19
                                                                            79
                                                                            89
                                                                           508
                                                                           586
                                                                           564
                                                                           508
                                                                           586
                                                                           547
                                                                          0.1%
                                      15
Illinois
                                                                           641
                                                                         2,958
                                                                         4,897
                                                                        19,022
                                                                        32,226
                                                                        19,021
                                                                        19,021
                                                                        32,226
                                                                        25,623
                                                                          6.7%
                                      16
Indiana
                                                                           503
                                                                           790
                                                                         1,156
                                                                         5,080
                                                                         7,607
                                                                        14,926
                                                                         5,080
                                                                        14,926
                                                                        10,003
                                                                          2.6%
                                      17
Iowa
                                                                           128
                                                                           471
                                                                           675
                                                                         3,029
                                                                         4,442
                                                                         3,798
                                                                         3,029
                                                                         4,442
                                                                         3,735
                                                                          1.0%
                                      18
Kansas
                                                                           170
                                                                           480
                                                                           680
                                                                         3,087
                                                                         4,475
                                                                         5,045
                                                                         3,087
                                                                         5,045
                                                                         4,066
                                                                          1.1%
                                      19
Kentucky
                                                                           269
                                                                           355
                                                                           469
                                                                         2,283
                                                                         3,086
                                                                         7,982
                                                                         2,283
                                                                         7,982
                                                                         5,133
                                                                          1.3%
                                      20
Louisiana
                                                                           331
                                                                           705
                                                                         1,068
                                                                         4,534
                                                                         7,028
                                                                         9,822
                                                                         4,534
                                                                         9,822
                                                                         7,178
                                                                          1.9%
                                      21
Maine*
                                                                            52
                                                                           304
                                                                           304
                                                                           949
                                                                           949
                                                                           949
                                                                           949
                                                                           949
                                                                           949
                                                                          0.2%
                                      22
Maryland
                                                                           132
                                                                           974
                                                                         1,780
                                                                         6,264
                                                                        11,714
                                                                         3,917
                                                                         3,917
                                                                        11,714
                                                                         7,815
                                                                          2.1%
                                      23
Massachusetts*
                                                                           402
                                                                         2,683
                                                                         2,683
                                                                        12,559
                                                                        12,559
                                                                        12,559
                                                                        12,559
                                                                        12,559
                                                                        12,559
                                                                          3.3%
                                      24
Michigan
                                                                           342
                                                                         1,486
                                                                         2,194
                                                                         9,556
                                                                        14,438
                                                                        10,148
                                                                         9,556
                                                                        14,438
                                                                        11,997
                                                                          3.1%
                                      25
Minnesota*
                                                                           320
                                                                         1,366
                                                                         1,366
                                                                        21,743
                                                                        21,743
                                                                        21,743
                                                                        21,743
                                                                        21,743
                                                                        21,743
                                                                          5.7%
                                      26
Mississippi
                                                                           128
                                                                           210
                                                                           286
                                                                         1,350
                                                                         1,882
                                                                         3,798
                                                                         1,350
                                                                         3,798
                                                                         2,574
                                                                          0.7%
                                      27
Missouri
                                                                           282
                                                                         1,279
                                                                         1,727
                                                                         8,225
                                                                        11,365
                                                                         8,368
                                                                         8,225
                                                                        11,365
                                                                         9,795
                                                                          2.6%
                                      28
Montana
                                                                            41
                                                                            55
                                                                            77
                                                                           354
                                                                           507
                                                                         1,217
                                                                           354
                                                                         1,217
                                                                           785
                                                                          0.2%
                                      29
Navajo Nation
                                                                             1
                                                                             6
                                                                             6
                                                                            39
                                                                            39
                                                                            30
                                                                            30
                                                                            39
                                                                            35
                                                                          0.0%
                                      30
Nebraska
                                                                            64
                                                                           226
                                                                           273
                                                                         1,453
                                                                         1,797
                                                                         1,899
                                                                         1,453
                                                                         1,899
                                                                         1,676
                                                                          0.4%
                                      31
Nevada*
                                                                            68
                                                                           196
                                                                           280
                                                                         3,187
                                                                         3,187
                                                                         3,187
                                                                         3,187
                                                                         3,187
                                                                         3,187
                                                                          0.8%
                                      32
New Hampshire*
                                                                           100
                                                                           201
                                                                           201
                                                                         1,818
                                                                         1,818
                                                                         1,818
                                                                         1,818
                                                                         1,818
                                                                         1,818
                                                                          0.5%
                                      33
New Jersey*
                                                                           575
                                                                           850
                                                                           850
                                                                         9,000
                                                                         9,000
                                                                         9,000
                                                                         9,000
                                                                         9,000
                                                                         9,000
                                                                          2.4%
                                      34
New Mexico
                                                                            39
                                                                           156
                                                                           236
                                                                         1,003
                                                                         1,553
                                                                         1,157
                                                                         1,003
                                                                         1,553
                                                                         1,278
                                                                          0.3%
                                      35
New York
                                                                         1,471
                                                                         1,983
                                                                         3,255
                                                                        12,752
                                                                        21,420
                                                                        43,650
                                                                        12,752
                                                                        43,650
                                                                        28,201
                                                                          7.4%
                                      36
North Carolina
                                                                           437
                                                                         1,169
                                                                         1,786
                                                                         7,518
                                                                        11,753
                                                                        12,967
                                                                         7,518
                                                                        12,967
                                                                        10,243
                                                                          2.7%
                                      37
North Dakota
                                                                            19
                                                                            62
                                                                            78
                                                                           399
                                                                           513
                                                                           564
                                                                           399
                                                                           564
                                                                           481
                                                                          0.1%
                                      38
Ohio
                                                                           716
                                                                         2,041
                                                                         3,240
                                                                        13,125
                                                                        21,322
                                                                        21,246
                                                                        13,125
                                                                        21,322
                                                                        17,223
                                                                          4.5%
                                      39
Oklahoma
                                                                           179
                                                                           379
                                                                           502
                                                                         2,437
                                                                         3,304
                                                                         5,312
                                                                         2,437
                                                                         5,312
                                                                         3,874
                                                                          1.0%
                                      40
Oregon
                                                                           181
                                                                           235
                                                                           285
                                                                         1,511
                                                                         1,876
                                                                         5,371
                                                                         1,511
                                                                         5,371
                                                                         3,441
                                                                          0.9%
                                      41
Pennsylvania
                                                                           671
                                                                         2,721
                                                                         4,293
                                                                        17,498
                                                                        28,251
                                                                        19,911
                                                                        17,498
                                                                        28,251
                                                                        22,875
                                                                          6.0%
                                      42
Puerto Rico
                                                                            80
                                                                            96
                                                                           115
                                                                           617
                                                                           757
                                                                         2,374
                                                                           617
                                                                         2,374
                                                                         1,496
                                                                          0.4%
                                      43
Rhode Island*
                                                                            65
                                                                           700
                                                                           700
                                                                         2,100
                                                                         2,100
                                                                         2,100
                                                                         2,100
                                                                         2,100
                                                                         2,100
                                                                          0.6%
                                      44
South Carolina
                                                                           257
                                                                           485
                                                                           722
                                                                         3,119
                                                                         4,751
                                                                         7,626
                                                                         3,119
                                                                         7,626
                                                                         5,373
                                                                          1.4%
                                      45
South Dakota
                                                                            33
                                                                           182
                                                                           256
                                                                         1,170
                                                                         1,685
                                                                           979
                                                                           979
                                                                         1,685
                                                                         1,332
                                                                          0.3%
                                      46
Tennessee
                                                                           334
                                                                           442
                                                                           710
                                                                         2,842
                                                                         4,672
                                                                         9,911
                                                                         2,842
                                                                         9,911
                                                                         6,377
                                                                          1.7%
                                      47
Texas
                                                                         1,006
                                                                         1,471
                                                                         2,164
                                                                         9,460
                                                                        14,241
                                                                        29,852
                                                                         9,460
                                                                        29,852
                                                                        19,656
                                                                          5.2%
                                      48
Trust Territories
                                                                             1
                                                                             3
                                                                             5
                                                                            19
                                                                            33
                                                                            30
                                                                            19
                                                                            33
                                                                            26
                                                                          0.0%
                                      49
Utah
                                                                           111
                                                                           174
                                                                           205
                                                                         1,119
                                                                         1,349
                                                                         3,294
                                                                         1,119
                                                                         3,294
                                                                         2,206
                                                                          0.6%
                                      50
Vermont
                                                                            39
                                                                           185
                                                                           250
                                                                         1,190
                                                                         1,645
                                                                         1,157
                                                                         1,157
                                                                         1,645
                                                                         1,401
                                                                          0.4%
                                      51
Virgin Islands
                                                                             2
                                                                             6
                                                                             5
                                                                            39
                                                                            33
                                                                            59
                                                                            33
                                                                            59
                                                                            46
                                                                          0.0%
                                      52
Virginia
                                                                           219
                                                                         1,274
                                                                         2,029
                                                                         8,193
                                                                        13,352
                                                                         6,499
                                                                         6,499
                                                                        13,352
                                                                         9,925
                                                                          2.6%
                                          Exhibit 2-9
                                  Estimated Counts of CESQGs

Item
                                      A
                                      B
                                      C
                                      D
                                      E
                                      F
                                      G
                                      H
                                      I
                                      J
                                      K

                                    State
                                   Count of
LQGs
                                Count of SQGs
                               Count of CESQGS
                                 CESQG Range
                               Average (H+I)/2
                             % Total (J/381,145)

                                     Low
                                     High
                                   C x 6.4
                                   D x 6.6
B x 29.7
                                     Low
                                     High

                                      53
Washington*
                                                                           412
                                                                           532
                                                                           604
                                                                        22,315
                                                                        22,315
                                                                        22,315
                                                                        22,315
                                                                        22,315
                                                                        22,315
                                                                          5.9%
                                      54
West Virginia
                                                                            98
                                                                           280
                                                                           376
                                                                         1,801
                                                                         2,474
                                                                         2,908
                                                                         1,801
                                                                         2,908
                                                                         2,354
                                                                          0.6%
                                      55
Wisconsin*
                                                                           394
                                                                         1,227
                                                                         1,227
                                                                         9,323
                                                                         9,323
                                                                         9,323
                                                                         9,323
                                                                         9,323
                                                                         9,323
                                                                          2.4%
                                      56
Wyoming
                                                                            15
                                                                            75
                                                                            99
                                                                           482
                                                                           651
                                                                           445
                                                                           445
                                                                           651
                                                                           548
                                                                          0.1%
                                                                       Totals:
                                                                        14,262
                                                                        45,762
                                                                        59,702
                                                                       297,229
                                                                       389,870
                                                                       423,209
                                                                       292,911
                                                                       469,380
                                                                       381,145
                                                                          100%
* Actual counts of CESQGs within these states are available in Exhibit 2-8 and are not extrapolated.

As with SQGs, this rule affects only facilities that must manifest shipments of hazardous waste and as most CESQGs are not required to manifest their hazardous waste shipments, the above estimate is an overestimate of the affected CESQG universe for this rule. Furthermore, even if CESQGs were required to manifest hazardous waste shipments, not all CESQGs that generated hazardous waste would also be hazardous waste shippers; correspondingly, this RIA applies the 77 percent proportion of SQGs that ship waste off-site to CESQGs as well.

Only one state, Arkansas, requires CESQGs to manifest shipments of hazardous waste.
Correspondingly, the universe of CESQGs assumed to be affected by the manifest rule is thus
2,039, reflecting the assumption that, 77 percent of the 2,648 CESQGs in Arkansas as shown in Exhibit 2-9 (or 2,039 CESQGs), are shipping hazardous waste off-site and must manifest.

Because CESQGs are subject to few reporting requirements, it is necessary to extrapolate estimates of the average number of tons generated per CESQG from states where that data is available. EPA's Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA provides estimates of waste tonnage generated and shipped by CESQGs, but does not do so on a state-by-state basis. For additional information, see Appendix A.

<IP_ADDRESS> Generators of State Hazardous Wastes

The previous sections on generators have examined facilities that generate and ship hazardous waste as defined in the federal RCRA regulations. Most states have been delegated authority to enforce RCRA as well as to add additional requirements unique to the state. Some states have elected to list additional wastes as hazardous, necessitating a manifest whenever these state hazardous wastes are shipped offsite. As the e-Manifest system will be the exclusive terminus for all hazardous waste manifests, it will accept manifests accompanying shipments of state hazardous wastes. As a result, the facilities that generate these state hazardous wastes must be counted as a part of the affected universe for this rulemaking.

To determine the universe of state hazardous waste generators, this RIA first examined state RCRA requirements to determine which states had listed additional wastes as hazardous. Of the states, 19 have listed additional wastes as state hazardous wastes. These 19 states are listed in Exhibit 2-10 below.

As there is little information on the counts of state hazardous waste generators, this RIA makes the simplifying assumption that the count of state hazardous waste generators is equal to the count of CESQGs in a state. Exhibit 2-10 displays the estimated count of state waste generators in each of these 19 states, as seen in Column J of Exhibit 2-9. As applied to CESQG shippers above, this RIA assumes that 77 percent of CESQGs ship hazardous waste off-site. This proportion is applied below to yield an estimate of the state hazardous waste generators in each of the 19 states. Overall, this RIA estimates 145,522 generators who ship state hazardous wastes offsite for treatment will be affected by the proposed rule.

                                 Exhibit 2-10
Estimated Counts of State Hazardous Waste Generators Affected by the Proposed
                                     Rule
                                     Item
                                      A
                                      B
                                      C

                                    State
                             Count of Generators
                            (assumed to be CESQGs)
                         Count of Shippers (B * 0.77)
                                      1
California
                                                                        21,000
                                                                        16,170
                                      2
Colorado
                                                                         2,983
                                                                         2,297
                                      3
Illinois
                                                                        25,623
                                                                        19,370
                                      4
Indiana
                                                                        10,003
                                                                         7,702
                                      5
Kentucky
                                                                         5,133
                                                                         3,952
                                      6
Louisiana
                                                                         7,178
                                                                         5,527
                                      7
Maine
                                                                           949
                                                                           731
                                      8
Maryland
                                                                         7,815
                                                                         6,018
                                      9
Michigan
                                                                        11,997
                                                                         9,238
                                      10
Missouri
                                                                         9,795
                                                                         7,542
                                      11
New Hampshire
                                                                         1,818
                                                                         1,400
                                      12
New York
                                                                        28,201
                                                                        21,715
                                      13
Oregon
                                                                         3,441
                                                                         2,650
                                      14
Rhode Island
                                                                         2,100
                                                                         1,617
                                      15
South Carolina
                                                                         5,373
                                                                         4,137
                                      16
Texas
                                                                        19,656
                                                                        15,135
                                      17
Utah
                                                                         2,206
                                                                         1,699
                                      18
Vermont
                                                                         1,401
                                                                         1,079
                                      19
Washington
                                                                        22,315
                                                                        17,183
                                                                         Total
                                                                       188,987
                                                                       145,522

<IP_ADDRESS> SQGs Shipping Under Reclamation Agreements

As described in Section <IP_ADDRESS>, not all SQG shippers are required to manifest, because SQGgenerated hazardous waste that is shipped off-site for reclamation and recovery is exempt from manifest requirements under the federal RCRA program. However, as described in Section 2.2 below, six states (Connecticut, Delaware, Kentucky, Maryland, Minnesota, and New Hampshire) require manifests for these shipments despite the federal exemption. Correspondingly, this RIA estimates the count of SQGs that must manifest due these state-specific requirements as part of the affected universe for the proposed rule. This RIA estimates the entity counts associated with these BFRA manifest requirements by simply adding back in the 10 percent of SQGs omitted

from these six states in Section <IP_ADDRESS> as SQGs who ship their waste but do not provide accompanying manifests. Exhibit 2-11 below summarizes the estimated entity counts across these six states. Overall, this RIA estimates 447 SQGs that manifest due to these state-specific BFRA manifest requirements.

                                 Exhibit 2-11
     Estimated Counts of SQGs who Manifest for Waste Shipped under BFRAs
                                     Item
                                      A
                                      B
                                      C

                                    State
                                     SQGs
SQGs who Manifest for Waste
                             Shipped under BFRAs
                                  (B * 0.1)
                                      1
Connecticut
                                                                           924
                                                                            92
                                      2
Delaware
                                                                           187
                                                                            19
                                      3
Kentucky
                                                                           412
                                                                            41
                                      4
Maryland
                                                                         1,377
                                                                           138
                                      5
Minnesota
                                                                         1,366
                                                                           137
                                      6
New Hampshire
                                                                           201
                                                                            20
                                                                         Total
                                                                           447

2.1.3 Transporters

The universe of facilities affected by the proposed rule includes transporters, who haul shipments of hazardous waste from generators to TSDFs. Transporters predominantly use specialized trucks to carry these shipments, but in some cases waste is also hauled by rail and occasionally by barge. As hazardous waste is hauled predominantly by trucks and each shipment (i.e., a truckload or partial truckload) requires a separate manifest, this RIA focuses on the number of hazardous waste hauling trucks, rather than the number of transporter companies or facilities, to estimate the impacts of the proposed rule on transporters of hazardous waste.[34]

To estimate the count of hazardous waste hauling trucks, this RIA uses counts from two Department of Transportation (DoT) surveys of the US national trucking fleet. The first study, from 1996, is the Analysis of the Truck Inventory and Use Survey from the Truck Size and Weight Perspective for Trucks with Four- Axles or Less. A companion study, from 2001, is the Analysis of the Vehicle Inventory and Use Survey for Trucks with Five-Axles or More. Both studies include counts of trucks hauling two categories of hazardous waste: EPA manifested and non-EPA manifested waste.[35] As these surveys were completed before EPA standardized the hazardous waste manifest form in 2005, it is likely that non-EPA manifested hazardous waste is

under a BFRA or makes only a portion of its shipments under a BFRA is less salient to cost estimation, as the estimated relative proportion of manifests is covered by BFRAs regardless of how these entities operate.
 Per the Supporting Statement for Information Collection Request (ICR) Number 801.20 Requirements for
Generators, Transporters, and Waste Management Facilities under the RCRA Hazardous Waste Manifest System. April 30, 2015, three percent of manifests accompany water shipments (i.e., shipments by barge) and six percent of manifests accompany rail shipments (i.e., shipments by train). This represents a small proportion (less than ten percent) of the overall universe of hazardous waste shipments requiring manifests. Additionally, as discussed in Chapter 5, this RIA uses the number of hazardous waste hauling trucks to estimate CROMERR compliance costs to industry; because there are likely to be considerably fewer rail and barge operators that must complete CROMERR registration relative to the number of truck drivers hauling hazardous waste shipments (both drivers and companies), additional CROMERR-related costs associated with hazardous waste shipments by truck and rail are expected to be minimal and are not estimated in this RIA. Note that this RIA estimates manifest costs associated with shipments of hazardous waste by barge and rail, including special requirements that apply only to these shipments  -  see Chapters 4 and 5 for additional detail.
 The surveys define the category into which a truck belongs through its "principal product," which is the product category hauled most often by a given truck. Given that these counts are on a truck-by-truck basis, there is no double-counting possible, as each truck is sorted into only one "principal product" category. Correspondingly, the EPA and non-EPA hazardous waste categories are not duplicative, though a truck's presence in the EPA hazardous waste category does not indicate that it solely hauls EPA hazardous waste.
waste listed on a state hazardous waste manifest. In this analysis, both categories of waste hauling trucks are counted as within the universe of affected entities.

Critically, the data included in these studies originates from years prior to the study publication date. Specifically, the first study primarily uses data from 1992, while the second study primarily relies on data from 1997. More recent estimates of trucks engaged specifically in hazardous waste hauling are not available. In order to more accurately estimate the number of trucks currently in existence and engaging in hazardous waste hauling, this RIA scales the figures from these two studies. Specifically, this RIA uses employment data from the Economic Censuses from 1992, 1997, and 2012 to derive a scaling factor to apply to the 1992 and 1997 data from DoT surveys based on the number of employees engaged in hazardous waste trucking sectors, as follows:

       1992: 9,270 employees in SIC 4212 (Local Trucking without Storage)  -  Subpart relating to Hazardous Waste Materials;

       1997: 8,468 employees in NAICS 562112 (Hazardous Waste Collection); and

       2012: 9,987 employees in NAICS 562112 (Hazardous Waste Collection).

To adjust the 1992 and 1997 data from DoT surveys to reflect 2012, the corresponding scaling factors are approximately 1.08 for 1992-sourced data (i.e., the 1996 study) and approximately 1.18 for 1997-sourced data (i.e. the 2001 study). Note that while the remainder of this chapter uses data from, or based on, the 2011 Biennial Report cycle, the Economic Census is available only in five-year increments and the 2012 Economic Census represents the closest data source both to present day and the 2011 Biennial Report.

The total count of hazardous waste hauling trucks per the 1996 and 2001 studies is 8,734. Exhibit 2-12 displays the counts of affected trucks by truck type and waste type below, and shows the application of scaling factors derived above to these estimates. The total count of hazardous waste hauling trucks affected by the proposed rule is estimated to be 9,947 in 2012, as shown below.

                                 Exhibit 2-12
                  Counts of Hazardous Waste Hauling Trucks
                                  Truck Type
                                   2- axle
                                    3axle
                                    4axle
                                     2+2
2-S1
2-S2
                                     3-S1
 Truck
                                      +
Trailer
                                   @ 5axle
                                     3-S2
Tridem
                                     Axle
                                     Semi-
                                   trailer
                                   4S1/ S2
                                    Total
                        EPA Manifested Hazardous Waste
Truck Counts (1992/1997 data)
1,097
                                     454
                                      15
                                     105
                                      24
                                      99
                                      22
                                      0
                                    3,743
                                     724
                                     175
                                    6,458
Truck Counts (2012 estimate)
1,182
                                     489
                                      16
                                     113
                                      26
                                     107
                                      24
                                      0
                                    4,414
                                     854
                                     206
                                    7,431
Percent
17.0%
7.0%
0.2%
                                     1.6%
0.4%
1.5%
                                     0.3%
                                     0.0%
 58.0%
                                    11.2%
                                     2.7%
100.0%
                      Non-EPA Manifested Hazardous Waste
Truck Counts (1992/1997 data)
                                                                         1,202
                                                                           168
                                                                             0
                                                                           105
                                                                             0
                                                                           174
                                                                             0
                                                                            24
                                                                           525
                                                                            78
                                                                             0
                                                                         2,276
Truck Counts (2012 estimate)
                                                                         1,295
                                                                           181
                                                                             0
                                                                           113
                                                                             0
                                                                           187
                                                                             0
                                                                            28
                                                                           619
                                                                            92
                                                                             0
                                                                         2,516
Percent
52.8%
7.4%
0.0%
                                                                          4.6%
0.0%
7.6%
                                                                          0.0%
                                                                          1.1%
                                                                         23.1%
                                                                          3.4%
                                                                          0.0%
 100.0%
                                    Totals
Truck Counts (1992/1997 data)
                                                                         2,299
                                                                           622
                                                                            15
                                                                           210
                                                                            24
                                                                           273
                                                                            22
                                                                            24
                                                                         4,268
                                                                           802
                                                                           175
                                                                         8,734
Truck Counts (2012 estimate)
                                                                         2,477
                                                                           670
                                                                            16
                                                                           226
                                                                            26
                                                                           294
                                                                            24
                                                                            28
                                                                         5,034
                                                                           946
                                                                           206
                                                                         9,947
Percent
26.3%
7.1%
0.2%
                                                                          2.4%
0.3%
3.1%
                                                                          0.3%
                                                                          0.3%
                                                                         48.9%
                                                                          9.2%
                                                                          2.0%
 100.0%
Source: Department of Transportation Vehicle Inventory and Use Surveys. Available at:
1996 report (1992 data)- https://www.fhwa.dot.gov/reports/tswstudy/rpt6_mai.pdf - provides 2-axle, 3-axle, 4-axle, 2+2, 2-S1, 2-S2, and 3-S1 truck counts.
2001 report (1997 data) - http://www.fhwa.dot.gov/reports/tswstudy/vius97.pdf - provides truck + trailer @ 5-axle, 3-S2, tride axle semi-trailer, and 4S1/S2 truck counts.
2012 estimates derived via scaling based on employee counts in hazardous waste trucking industries across the 1992, 1997, and 2012 Economic Censuses. Totals may not sum due to rounding.

2.2 State Governments Potentially Affected by e-Manifest

Nearly all state governments, with the exception of Iowa and Alaska, are authorized to implement and enforce RCRA. As a part of this authorization, the delegated States have the discretion to modify RCRA to suit their specific needs so long as these modifications are consistent with and at least as stringent as the base federal regulations. In practice many states elect to adopt modifications to RCRA that make their programs more stringent than the federal RCRA regulations. These modifications are significant to this rulemaking because they change the contents of, distribution rules for, or reporting rules for hazardous waste manifests. EManifest, as the sole national hazardous waste manifest system, will need to accommodate these state specific manifest requirements. Data on state RCRA program requirements come from the Environmental Compliance Assistance Platform (ENVCAP). ENVCAP is a repository of environmental regulations maintained by the National Center for Manufacturing Sciences and supported by EPA Office of Enforcement Compliance Assurance.
State programs differ from the federal RCRA program in six ways. They are:

       Inclusion of additional wastes as hazardous. States may specify additional wastes, such as used oil, as hazardous. These wastes are subject to the full requirements of RCRA, including manifests. Currently 19 states have listed additional wastes as hazardous.

       Disallowing federal manifest exemptions. Under federal RCRA regulations SQGs with contractual reclamation agreements with TSDFs do not have to manifest their shipments of hazardous waste. Six states have not adopted this exemption, and require manifests for hazardous waste shipments made under these agreements.

       Requiring copies of the manifest to be distributed to the state. EPA does not collect copies of the manifest from industry. However, 32 states require industry to send them copies of the manifest from shipments originating and/or terminating within their boundaries.

       Requiring additional reports from industry. The federal RCRA program requires industry to make reports to EPA when certain manifest irregularities occur. Seventeen states have listed additional irregularities requiring reports, tightened reporting timetables, or added additional classes of facilities that must report contingencies.

       Requiring industry to keep additional records. The federal RCRA program requires facilities to maintain records of all manifest shipments for three years. Five states have imposed additional recordkeeping requirements. For example:

              Washington requires generators to retain manifests for five years.
              Kentucky specifies that generators must retain both their original manifest copy and the copy mailed to them by the TSDF.
              Delaware requires CESQGs to document off-site shipments of hazardous waste and retain those records for three years.

            6. Miscellaneous additional requirements. 22 states have additional requirements that make their programs more stringent than the federal RCRA program, distinct from the additional requirements described in the five items above. For example, Louisiana requires generators to obtain a letter from a receiver TSDF acknowledging that the TSDF can receive the waste before the generator ships it to the TSDF; the generator must retain this letter as a part of recordkeeping.

State specific regulations are significant to this rulemaking because they will affect the universe of facilities and wastes that must report through e-Manifest as well as the functionality of the system. State-specific wastes and the manifests that carry their codes must be recognized, accepted and processed by e-Manifest. The system will need to understand state reporting exemptions and be able to accept manifests that are subject to these exemptions. States that currently require manifests to be submitted to them will in the future rely on e-Manifest to provide them with the data they currently collect. The system must also support the recordkeeping requirements of state programs if it is to successfully serve as the national repository for manifest data. Ultimately, state requirements affect the operational scope of the eManifest system, because the system must incorporate and reflect state-specific requirements; the costs of this interaction will be reflected in the user fees, costs, and benefits attributable to the eManifest program.

With respect to state-listed hazardous wastes, EPA examined existing state hazardous waste programs to determine which states may have additional facilities that would be subject to the proposed rule. Programs were evaluated as presented in the ENVCAP. For each program, EPA evaluated the following three aspects of the state-specific regulations:

       Does the state list additional hazardous wastes which would require manifests?

       Does the state require manifests for wastes excluded under bona fide reclamation agreements

       Does the state require manifests for wastes shipped by CESQGs?

According to the data in ENVCAP and summarized in Exhibit 2-13, 19 states list at least one additional state hazardous waste that is not listed federally. Six states also require manifests for shipments made under a BFRA. Finally, one state requires manifests for CESQGs. As seen in the table below, three states have both state hazardous wastes and requirements for manifests accompanying wastes transported under a BFRA. For further discussion of state programs, including the additional state wastes in each state, see Appendix B.

                                 Exhibit 2-13
                  States Which Require Additional Manifests
                     Manifests for State Hazardous Wastes
                   Manifests for Shipments Made under BFRAs
Manifests for CESQGS
CA, CO, IL, IN, KY, LA, ME,
MD, MI, MO, NH, NY, OR, RI,
SC, TX, UT, VT, WA
CT, DE, KY, MD, MN, NH
AR
Source: State program data taken from www.envcap.org/statetools/ (Accessed April 2015)

Exhibit 2-14 summarizes the states with additional RCRA requirements that will affect the eManifest system and program. Each column pertains to one of the 6 areas that state programs differ from the federal RCRA program. A designation of "same" indicates that that state does not differ from the federal RCRA program, "differs" indicates that it does, and "-" indicates that that state is not authorized to implement or enforce RCRA and therefore does not differ from the federal program. In all, 33 states have RCRA programs that are more stringent than the federal RCRA program.

                                                                              D
Exhibit 2-14 ifferences Between National and State RCRA Programs

                                     Item
                                      A
                                      B
                                      C
                                      D
                                      E
                                      F
                                      G

                                    State
                              Additional Wastes
                                  Exemptions
                                 Distribution
                                  Reporting
                                Record keeping
 Other
                                      1
 Alabama
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same
                                      2
 Alaska
                                      -
                                      -
                                      -
                                      -
                                      -
                                      -
                                      3
 Arizona
                                     same
                                     same
                                   differs
                                   differs
                                     same
                                   differs
                                      4
 Arkansas
                                     same
                                     same
                                   differs
                                   differs
                                     same
                                   differs
                                      5
 California
                                   differs
                                     same
                                   differs
                                   differs
                                     same
                                   differs
                                      6
 Colorado
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      7
 Connecticut
                                     same
                                   differs
                                   differs
                                     same
                                     same
                                   differs
                                      8
 Delaware
                                     same
                                   differs
                                   differs
                                   differs
                                   differs
                                     same
                                      9
 District of Columbia
                                      -
                                      -
                                      -
                                      -
                                      -
                                      -
                                      10
 Florida
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same
                                      11
 Georgia
                                     same
                                     same
                                     same
                                     same
                                     same
                                   differs
                                      12
 Guam
                                      -
                                      -
                                      -
                                      -
                                      -
                                      -
                                      13
 Hawaii
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same
                                      14
 Idaho
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same
                                      15
 Illinois
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                     same
                                      16
 Indiana
                                   differs
                                     same
                                     same
                                   differs
                                     same
                                   differs
                                      17
 Iowa
                                      -
                                      -
                                      -
                                      -
                                      -
                                      -
                                      18
 Kansas
                                     same
                                     same
                                     same
                                   differs
                                     same
                                     same
                                      19
 Kentucky
                                   differs
                                   differs
                                   differs
                                   differs
                                   differs
                                     same
                                      20
 Louisiana
                                   differs
                                     same
                                     same
                                     same
                                   differs
                                     same
                                      21
 Maine
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                     same
                                      22
 Maryland
                                   differs
                                   differs
                                   differs
                                   differs
                                     same
                                     same
                                      23
 Massachusetts
                                     same
                                     same
                                     same
                                   differs
                                     same
                                   differs
                                      24
 Michigan
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      25
 Minnesota
                                     same
                                   differs
                                   differs
                                   differs
                                     same
                                     same
                                      26
 Mississippi
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same
                                      27
 Missouri
                                   differs
                                     same
                                   differs
                                   differs
                                     same
                                   differs
                                      28
 Montana
                                     same
                                     same
                                   differs
                                     same
                                   differs
                                     same
                                      29
 Navajo Nation
                                      -
                                      -
                                      -
                                      -
                                      -
                                      -
                                      30
 Nebraska
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same
                                      31
 Nevada
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same
                                      32
 New Hampshire
                                   differs
                                   differs
                                   differs
                                   differs
                                     same
                                   differs
                                      33
 New Jersey
                                     same
                                     same
                                   differs
                                     same
                                     same
                                     same
                                      34
 New Mexico
                                     same
                                     same
                                   differs
                                     same
                                     same
                                     same
                                      35
 New York
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      36
 North Carolina
                                     same
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      37
 North Dakota
                                     same
                                     same
                                   differs
                                     same
                                     same
                                     same
                                      38
 Ohio
                                     same
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      39
 Oklahoma
                                     same
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      40
 Oregon
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      41
 Pennsylvania
                                     same
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      42
 Puerto Rico
                                      -
                                      -
                                      -
                                      -
                                      -
                                      -
                                      43
 Rhode Island
                                   differs
                                     same
                                   differs
                                   differs
                                     same
                                   differs
                                      44
 South Carolina
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                   differs
                                      45
 South Dakota
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same
                                      46
 Tennessee
                                     same
                                     same
                                     same
                                   differs
                                     same
                                     same
                                      47
 Texas
                                   differs
                                   differs
                                   differs
                                   differs
                                     same
                                   differs
                                      48
 Trust Territories
                                      -
                                      -
                                      -
                                      -
                                      -
                                      -
                                      49
 Utah
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                     same
                                      50
 Vermont
                                   differs
                                     same
                                   differs
                                     same
                                     same
                                     same
                                      51
 Virgin Islands
                                      -
                                      -
                                      -
                                      -
                                      -
                                      -
                                      52
 Virginia
                                     same
                                     same
                                     same
                                     same
                                     same
                                   differs
                                      53
 Washington
                                   differs
                                     same
                                   differs
                                   differs
                                   differs
                                   differs
                                      54
 West Virginia
                                     same
                                     same
                                   differs
                                     same
                                     same
                                     same
                                      55
 Wisconsin
                                     same
                                     same
                                   differs
                                   differs
                                     same
                                     same
                                      56
 Wyoming
                                     same
                                     same
                                     same
                                     same
                                     same
                                     same

2.3 Summary of Potentially Affected Entities
This section summarizes the counts of affected industrial entities and states. In all 200,096 industrial entities and 33 state governments are estimated to be affected by the e-Manifest rule. Exhibit 2-15 below displays these counts.

                                 Exhibit 2-15
                   Summary of Universe of Affected Entities
                                     Item
                                      A
                                      B
                                      C

                                 Entity Type
 Number affected
                               Source and Notes
                                      1
LQG Shippers and nonLQG TSDF Shippers[a]
                                                                        16,345
2011 RCRA Biennial Report, Exhibit 3.1
                                      2
SQG Shippers (who manifest)
                                                                        35,330
Exhibit 2-7, based on calculations from EPA's
2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA.
                                      3
CESQG Shippers (who manifest)
                                                                         2,039
Section <IP_ADDRESS>, based on calculations from
EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA and that only Arkansas requires CESQGs to manifest
                                      4
State Waste Shippers (who manifest)
                                                                       145,522
Exhibit 2-10, based on calculations from EPA's
2015 Improvements to the Hazardous Waste
Generator Regulatory Program proposed rule RIA and states with additional wastes which require manifests for shipment
                                      5
SQGs Shipping under BRFAs (who manifest)
                                                                           447
Exhibit 2-11, based on calculations from EPA's
2015 Improvements to the Hazardous Waste
Generator Regulatory Program proposed rule RIA.and states requiring manifests for BFRA shipments
                                      6
Industry Subtotal  -
Shippers who Manifest
                                                                       199,683

                                      7
Receiver TSDFs*
                                                                           413
2011 RCRA Biennial Report, Exhibit 3.5
                                      8
Industry Subtotal  -  Shippers and Receivers who Manifest
                                                                       200,096

                                      9
Transporters (Trucks)
                                                                         9,947
Exhibit 2-12, based on 1996 and 2001 DoT Truck Use Surveys based on 1992 and 1997 data, scaled to estimate 2012 truck counts
                                      10
Industry Total
                                                                       210,043

                                      11
State Governments
                                                                            33
ENVCAP data
[a] The RCRA Biennial Report does not indicate the extent to which the universe of receiver TSDFs overlaps with the universe of non-LQG TSDF shippers of federal hazardous waste. Therefore, the subtotal and total in Rows 8 and 10, respectively, may overstate the total number of industry entities affected. However, any non-LQG TSDF shipper would be affected by the proposed rule via requirements that specifically correspond to shippers of waste, while receiver TSDFs would be affected by the proposed rule's requirements that specifically correspond to receivers of waste. Therefore, even though the total number of entities affected may be overstated, the subtotal and totals in this exhibit accurately portray the number of entity-instances estimated to be affected by the proposed rule, as TSDFs that function as both non-LQG shippers and receivers of waste will be impacted by two different sets of requirements associated with the proposed rule.

                                   Chapter 3
                       Count of Hazardous Waste Manifests

This chapter provides an estimate of the number of manifests likely to be affected by the proposed rule. Because most costs and cost savings associated with the proposed rule accrue on a per-manifest basis, the estimate of manifests is a critical component of the remainder of this RIA.

The annual number of manifests accompanying shipments of hazardous waste represents the basis for establishing e-Manifest user fees, because the bulk of all costs associated with manifests are incurred on a per-manifest Basis. Additionally, all costs and cost savings associated with the proposed rule are driven in large part by the number of manifests.

Specifically, EPA is proposing to establish per manifest user fees that allocate the total annual costs of developing, managing, and supporting the e-Manifest system across the number of manifests handled by the system each year. Likewise, the analyses of baseline costs and system cost savings in this RIA both begin by estimating the per-manifest burden of complying with the manifest regulations, and then scale these estimates up to estimate costs and benefits nationally. Because the annual count of manifests fluctuates from year to year based on the national level of economic activity, the analysis in this RIA considers a number of sources based on 2011 data to estimate and project a "typical" annual count of manifests.[2]

3.1 Prior Estimates of Manifests

Multiple estimates approximate the annual count of hazardous waste manifests. One key source is the Information Collection Request (ICR) that EPA must submit to OMB every three years to continue requiring industry to use manifests. This Hazardous Waste Manifest System ICR, most recently updated in 2015, contains an estimate of the annual count of RCRA manifests associated with the federal program.[4] However, the scope of this ICR does not consider the burden from manifests or activities associated with individual State-specific programs and requirements. Similarly, this ICR estimates only the annual count of manifests bearing federal hazardous waste codes, and omits manifests that bear only state hazardous waste codes. Because the e-Manifest system created by the proposed rule will be the central, national destination for all manifests, regardless of whether they bear state or federal waste codes, the current Hazardous Waste Manifest System ICR undercounts the number of annual manifests that will enter the e-Manifest system, as well as the current volume of manifests created and submitted under Federal and State requirements. Exhibit 3-1 below displays the annual estimate of federal manifests from the last three Hazardous Waste Manifest System ICRs.

                                 Exhibit 3-1
                ICR Estimate of the Annual Count of Manifests
                                  ICR Number
                                     Year
             Average Annual Estimate of Manifests (Federal only)
                                    801.20
                                     2015
                                  1,407,016
                                    801.18
                                     2012
                                  1,887,404
                                    801.15
                                     2004
                                  1,762,276

EPA also estimated the annual count of manifests in the 2005 Final Revisions to the RCRA Hazardous Waste Manifest Form rule. In this rule, EPA set national standards for the layout of the hazardous waste manifest, which had previously been modified by a number of states to suit the needs of their delegated RCRA programs. Because the RCRA Hazardous Waste Manifest Form rule affected manifests bearing federal waste codes as well as manifests bearing state waste codes, it required a national comprehensive estimate of the count of state and federal manifests. The national count of all manifests for that rule was estimated at between 2.4 million and 5.1 million manifests per year.

3.2 Current Estimate of Manifests

To develop an up-to-date annual count of manifests for the proposed rule, this RIA extrapolates a manifest count from hazardous waste generation and shipping data provided within the 2011 RCRA Biennial Report.[6] Then, in order to validate this estimate, this RIA considers additional methods and data sources. Specifically, this section validates the extrapolated estimate of manifests by examining industry surveys of TSDFs and paper manifest printers.

3.2.1 Extrapolated Estimate of Manifests Based on 2011 RCRA Biennial Report Data

In this section, this RIA estimates the annual number of RCRA hazardous waste manifests produced to accompany shipments of hazardous waste. It estimates manifests accompanying shipments of federally-defined hazardous waste, as well as shipments of state governmentdefined hazardous wastes.

This analysis relies on several different sets of data, and incorporates the universe of facilities that generate, transport, and receive hazardous wastes with manifests and are therefore likely to be affected by the proposed rule as described in Chapter 2. As the Chapter 2 analysis incorporates data from the 2011 RCRA Biennial Report, EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA, the ENVCAP environmental compliance assistance platform, and the Department of Transportation's Vehicle Inventory and Use Surveys from 1996 and 2001, this section similarly relies on these sources to estimate the annual count of manifests.

To estimate the number of manifests generated by the facilities in the universe, this RIA begins with 2011 RCRA Biennial Report data that group generators of hazardous waste into mutually exclusive ranges based on the quantity of hazardous waste that they report generating.  These ranges are:

       Fewer than 1.1 tons generated (9.80 percent of all generators);
       1.1 to 13.2 tons generated (35.03 percent of all generators);
       13.2 to 113.2 tons generated (36.04 percent of all generators);
       113.2 to 1,113.2 tons generated (14.58 percent of all generators);
       1,113.2 to 11,113.2 tons generated (3.53 percent of all generators);
       11,113.2 to 111,113.2 tons generated (0.82 percent of all generators); and
       Over 111,113.2 tons generated (0.20 percent of all generators).

Additionally, this RIA assumes that hazardous waste shipping trucks have a maximum capacity of 30 tons.

Based on these two key data inputs, this analysis uses waste tonnage data from the 2011 RCRA Biennial Report and entity counts from Chapter 2 to estimate an extrapolated count of manifests used by LQGs and non-LQG TSDF shippers, for whom the most waste data is available via the Biennial Report. This methodology is then applied, in a simplified manner, to other entities: SQGs and state hazardous waste shippers.

<IP_ADDRESS> Estimate of Annual LQG and Non-LQG TSDF Shipper Manifests

To estimate the annual count of manifests used by LQGs and non-LQG TSDF shippers, this RIA first apportioned all generating facilities reporting to the 2011 RCRA Biennial Report into groups based on the ranges of hazardous waste tonnage. These groups contained all facilities (i.e., LQGs and non-LQG TSDF shippers) that generate tonnage within a certain range, and for each group, this RIA estimated an average per-facility amount generated.[12] Because, according to the 2011 RCRA Biennial Report, the count of entities generating hazardous waste is not exactly the same as the count of entities shipping hazardous waste off-site, this RIA proportionally scaled the number of entities generating hazardous waste in each tonnage category in order to reflect the universe of LQGs and non-LQG TSDF shippers shipping waste off-site per the 2011 Biennial Report. This RIA then applied a similar calculation to the estimated per-entity generation above to proportionally scale average tons generated to average tons shipped. (Only approximately 17 percent of hazardous waste tonnage is shipped off-site per the 2011 RCRA Biennial Report.)

Given the steps above, this RIA estimated the number of shipping entities (LQGs and non-LQG TSDF shippers only) for each generation tonnage category, and the average annual quantity of hazardous waste shipped, in terms of tonnage, for an entity in each generation tonnage category. For example, this RIA estimated 134 shippers in the 11,113.2 to 111,113.2 tons generated category, and an average annual total shipment of approximately 5,359 tons.

To convert the figures above into estimates of annual manifest counts, this RIA applied three further assumptions:

       Each hazardous waste truck can accommodate a load of up to 30 tons.

       Hazardous waste shipments from each generator are picked up as part of routes that are regularly serviced by transporters occurring either weekly, monthly, or quarterly.

       Each shipment (i.e., one truck carrying one load picked up from one facility) requires its own manifest.

Then, this RIA used the above assumptions along with the calculations described above to estimate the total number of hazardous waste shipments from LQGs and non-LQG TSDF shippers. Specifically, this RIA further calculated that shipments of less than 30 tons would require one truck each, while shipments of over 30 tons would require enough trucks to haul the entire tonnage of a shipment away. Additionally, this RIA calculated the average per-facility number of manifests used by the generators within each tonnage generation group as the number of trucks required to haul away weekly, monthly, and quarterly shipments.

For example, generators in the smallest generation tonnage group (fewer than 1.1 tons generated) were estimated, given the steps above, to have an average shipment of 0.05 tons annually: these generators would thus require 52 manifests if serviced on a weekly basis (a small fraction of the 0.05 tons picked up every week), 12 manifests if serviced on a monthly basis (a bigger fraction of the 0.05 tons picked up every month), or four manifests if serviced on a quarterly basis (an even bigger fraction, specifically a fourth, of the 0.05 tons picked up every quarter).

On the other hand, generators in the second-largest generation tonnage group (11,113.2 to 111,113.2 tons generated) were estimated, given the steps above, to have an average shipment of 5,359 tons annually. These generators would thus require:

       208 manifests if serviced on a weekly basis (5,359 separated into 52 weekly pickups equals 103 tons per pickup, requiring four trucks once a week for 52 weeks);

       180 manifests if serviced on a monthly basis (5,359 separated into 12 monthly pickups equals 447 tons per pickup, requiring 15 trucks once a month for 12 months); or

       180 manifests if serviced on a quarterly basis (5,359 separated into four quarterly pickups equals 1,340 tons per pickup, requiring 45 trucks once a quarter for four quarters).

Generally, shippers in the smaller tonnage generation groups require 52, 12, or four manifests if pickups are assumed to occur on a weekly, monthly, or quarterly basis, respectively. This is because multiple trucks are not required per pickup to service the loads from these generators.
However, shippers in the larger tonnage generation groups require multiple trucks per pickup to service their loads, and correspondingly require larger quantities of manifests. The frequency of pickups does not substantially alter the number of trucks required to service these shippers, because each pickup will require multiple trucks.

To scale these estimates up to a national count, this RIA then multiplied the amount of manifests estimated per entity by the total number of estimated shipping entities in each tonnage generation category.

Exhibit 3-2 below displays the calculations described above. Columns A through G refer to the seven size categories of generators broken out in the 2011 RCRA Biennial Report. Rows 1-5 contain the total count of generating facilities and shippers in each of the seven groups. Rows 610 contain the estimated average amount waste generated, the total shipped, and the size of weekly, monthly, and quarterly shipments for each group. Rows 11-13 contain the estimates of manifests per facility, assuming weekly, monthly, or quarterly shipments. Rows 14-22 contain annual estimates of manifest usage for each of the seven groups under the weekly, monthly, and quarterly shipping assumptions.

<IP_ADDRESS> Estimate of Annual SQG and State Hazardous Waste Manifests

This RIA uses a similar process to estimate the annual count of manifests used by small quantity generators (SQGs) and generators of state hazardous waste. The key assumption employed by this RIA for these facilities is that the generators in these facility classes produce no more than one load's worth of hazardous waste per shipment. Similarly to the LQG and non-LQG TSDF shipper facilities discussed above, this RIA assumes that these facilities' shipments are picked up as part of weekly, monthly, or quarterly routes by transporters. From these assumptions, the annual number of manifests submitted by these facilities is equal to the product of the number of facilities and the number of shipments under each shipping scenario (i.e., weekly, monthly, or quarterly pickups by transporters).
                                 Exhibit 3-2
Estimate of Average Annual Count of Manifests from LQGs and Non-LQG TSDF Shippers
                                     Item
               2011 Biennial Report Generation Tonnage Category
                                    Total

                                      A
                                      B
                                      C
                                      D
                                      E
                                      F
                                      G

0 to 1.1
                                    1.1 to
                                     13.2
                                13.2 to 113.2
                               113.2 to 1,113.2
                                  1,113.2 to
11,113.2
                                 11,113.2 to
111,113.2
                            111,113.2 and greater

Generator Facility Counts
                                      1
Generators[a]
                                                                         1,612
                                                                         5,761
                                                                         5,927
                                                                         2,398
                                                                           581
                                                                           135
                                                                            33
                                                                        16,447
                                      2
% of Facilities[a]
                                                                         9.80%
                                                                        35.03%
                                                                        36.04%
                                                                        14.58%
                                                                         3.53%
                                                                         0.82%
                                                                         0.20%
                                                                       100.00%
                                      3
LQG Shippers[b]
                                                                         1,389
                                                                         4,965
                                                                         5,108
                                                                         2,067
                                                                           501
                                                                           116
                                                                            28
                                                                        14,174
                                      4
 Non-LQG TSDF
Shippers[b]
                                                                           213
                                                                           760
                                                                           782
                                                                           317
                                                                            77
                                                                            18
                                                                             4
                                                                         2,171
                                      5
All Shippers in BR[b]
                                                                         1,602
                                                                         5,725
                                                                         5,890
                                                                         2,384
                                                                          577
                                                                           134
                                                                            33
                                                                        16,345
LQG Hazardous Waste Tonnage
                                      6
Avg Annual Generation[c]
                                                                           0.3
                                                                           3.6
                                                                          31.8
                                                                         308.3
                                                                       3,073.2
                                                                      30,722.9
                                                                     831,886.2
                                                                    34,334,072
                                      7
Avg Shipped[d]
                                                                           0.1
                                                                           0.6
                                                                           5.5
                                                                          53.8
                                                                         536.0
                                                                       5,358.7
                                                                     145,097.9
                                                                     5,951,421
                                      8
Avg Weekly[e]