6
                                                                         13,405
                                                                         13,411
                                      20
                                     H132
Landfill Or Surface Impoundment
                                                                             11
                                                                            525
                                                                            533
                                                                        199,196
                                                                        327,306
                                                                        526,502
                                      21
                                     H134
Deepwell Or Underground Injection
                                                                              2
                                                                             36
                                                                             36
                                                                          2,090
                                                                          3,231
                                                                          5,320
                                      22
                                     H135
Discharge To Sewer/POTW Or NPDES
                                                                             11
                                                                             58
                                                                             66
                                                                          1,207
                                                                            684
                                                                          1,891
                                      23
                                     H141
Site receiving waste stored/bulked & transferred the waste with no treatment or recovery, fuel blending, or disposal at the receiving site.
                                                                            150
                                                                          4,607
                                                                          4,692
                                                                        106,812
                                                                        219,960
                                                                        326,772
                                      24
                                     H???
Disposal method not provided
                                                                              1
                                                                            884
                                                                            884
                                                                              0
                                                                        170,144
                                                                        170,144
                                             Subtotal non-beneficial disposal =
                                                                            ---
                                                                            ---
                                                                            ---
                                                                        389,959
                                                                      1,090,504
                                                                      1,480,463
                                                                Column totals =
                                                                            ---
                                                                            ---
                                                                            ---
                                                                        389,959
                                                                          (22%)
                                                                      1,420,271
                                                                          (78%)
                                 1.81 million
                                    (100%)
Note:  * Ultimate disposal = Some hazardous wastes undergo one or more sequential treatment (e.g., chemical neutralization) methods prior to ultimate disposal (i.e., final disposition).  Generators report the ultimate disposal of their hazardous wastes on Form GM, Sec. 2 and Sec. 3.

                                  Exhibit 3U
Screening Selection Results of Baseline Disposed Hazardous Wastes for Recycling Breakeven Test
By Identity of Industries Generating & Disposing RCRA Hazardous Wastes Which are Currently Disposed (2007)*

                                       A
                                       B
                                    C (A+B)
                                       D
                                       E
                                    F (D+E)
                                     Item
                              Economic Subsector
                             (2-digit NAICS Code)
                     Location of Generation Tons Per Year
                      Location of Disposal Tons Per Year

                          Generation disposed onsite
                          Generation disposed offsite
                                   (shipped)
                           Total generation disposed
                             Beneficial disposal*
                           Non-beneficial disposal**
                                Total disposal
                                       1
                                      11
Ag, Forestry, Fishing & Hunting
                                                                              0
                                                                            241
                                                                            241
                                                                              0
                                                                              0
                                                                              0
                                       2
                                      21
Mining
                                                                              0
                                                                            704
                                                                            704
                                                                              0
                                                                            626
                                                                            626
                                       3
                                      22
Utilities
                                                                             20
                                                                          4,059
                                                                          4,080
                                                                              0
                                                                             34
                                                                             34
                                       4
                                      23
Construction
                                                                              0
                                                                         11,830
                                                                         11,830
                                                                              0
                                                                              0
                                                                              0
                                       5
                                      31
Manufacturing
                                                                             16
                                                                          5,104
                                                                          5,120
                                                                              0
                                                                             16
                                                                             16
                                       6
                                      32
Manufacturing
                                                                          6,433
                                                                        412,374
                                                                        418,807
                                                                        121,475
                                                                        176,087
                                                                        297,562
                                       7
                                      33
Manufacturing
                                                                        119,096
                                                                        702,120
                                                                        821,216
                                                                             21
                                                                        140,496
                                                                        140,517
                                       8
                                      42
Wholesale Trade
                                                                             10
                                                                         11,118
                                                                         11,129
                                                                          2,301
                                                                          4,636
                                                                          6,937
                                       9
                                      44
Retail Trade
                                                                              0
                                                                            141
                                                                            141
                                                                              0
                                                                              0
                                                                              0
                                      10
                                      45
Retail Trade
                                                                              0
                                                                            153
                                                                            153
                                                                              0
                                                                              0
                                                                              0
                                      11
                                      48
Transportation
                                                                            205
                                                                          3,939
                                                                          4,145
                                                                             23
                                                                            862
                                                                            885
                                      12
                                      49
Postal, Couriers, Messengers Storage
                                                                              1
                                                                          6,772
                                                                          6,773
                                                                              5
                                                                            120
                                                                            124
                                      13
                                      51
Information
                                                                            457
                                                                          1,972
                                                                          2,429
                                                                              2
                                                                            599
                                                                            601
                                      14
                                      52
Finance & Insurance
                                                                              0
                                                                              2
                                                                              2
                                                                              0
                                                                              0
                                                                              0
                                      15
                                      53
Real Estate, Rental & Leasing
                                                                            107
                                                                            367
                                                                            474
                                                                              0
                                                                            127
                                                                            127
                                      16
                                      54
Prof, Scientific & Tech Services
                                                                             20
                                                                          9,088
                                                                          9,108
                                                                            155
                                                                            102
                                                                            258
                                      17
                                      55
Mgt of Companies/Enterprises
                                                                              0
                                                                             84
                                                                             84
                                                                              0
                                                                              0
                                                                              0
                                      18
                                      56
Admin, Waste Mgt & Remediation
                                                                        261,581
                                                                        208,989
                                                                        470,570
                                                                        196,580
                                                                      1,109,975
                                                                      1,306,555
                                      19
                                      61
Educational Services
                                                                              0
                                                                          3,491
                                                                          3,492
                                                                              0
                                                                            156
                                                                            156
                                      20
                                      62
Health Care, Social Assistance
                                                                              2
                                                                          3,248
                                                                          3,250
                                                                              0
                                                                              4
                                                                              4
                                      21
                                      71
Arts, Entertainment, Recreation
                                                                              0
                                                                            196
                                                                            196
                                                                              0
                                                                              0
                                                                              0
                                      22
                                      72
Accommodation & Food Services
                                                                              0
                                                                              2
                                                                              2
                                                                              0
                                                                              0
                                                                              0
                                      23
                                      81
Other Services
                                                                             14
                                                                          4,375
                                                                          4,389
                                                                             10
                                                                             22
                                                                             32
                                      24
                                      92
Public Administration
                                                                          1,995
                                                                         29,901
                                                                         31,896
                                                                             15
                                                                          2,251
                                                                          2,266
                                      25
                                      ??
NAICS code not reported
                                                                              0
                                                                              0
                                                                              0
                                                                          9,180
                                                                         44,351
                                 53,531 (3.0%)
                                                                Column totals =
                                                                        389,959
                                                                          (22%)
                                                                      1,420,271
                                                                          (78%)
                                 1.81 million
                                    (100%)
                                                                        329,767
                                                                          (18%)
                                                                      1,480,463
                                                                          (82%)
                                 1.81 million
                                    (100%)
Explanatory Notes:
Data Source: EPA 2007 RCRA Hazardous Waste Biennial Report (BR): http://www.epa.gov/wastes/inforesources/data/br07/index.htm
* Beneficial disposal = H050 + H061;  ** Non-beneficial disposal = H040 + H071 + H073 + H075 + H076 + H077 + H081 + H082 + H083 + H101 + H103 + H111 + H112 + H121 + H122 + H123 + H124 + H129 + H131 + H132 + H134 + H135 + H141

                                  Exhibit 3V
Screening Selection Results of Baseline Disposal for Recycling Breakeven Test by Industries Generating Disposed Hazardous Wastes (2007)

                                       A
                                       B
                                       C
                                       D
                                     Item
                              Economic Subsector
                             (2-digit NAICS Code)
                          Commodity Group 1 disposal
                                  (tons/year)
                          Commodity Group 2 disposal
                                  (tons/year)
                                  Commodity
                               Group 3 disposal
                                  (tons/year
                                Total Disposal
                                  (tons/year)
                                       1
                                      11
Agriculture, Forestry, Fishing & Hunting
                                                                              8
                                                                            233
                                                                              0
                                                                            241
                                       2
                                      21
Mining
                                                                            264
                                                                            315
                                                                            125
                                                                            704
                                       3
                                      22
Utilities
                                                                          3,745
                                                                            328
                                                                              7
                                                                          4,080
                                       4
                                      23
Construction
                                                                         11,193
                                                                            636
                                                                              0
                                                                         11,830
                                       5
                                      31
Manufacturing
                                                                          1,995
                                                                          3,124
                                                                              1
                                                                          5,120
                                       6
                                      32
Manufacturing
                                                                         51,210
                                                                        362,191
                                                                          5,406
                                                                        418,807
                                       7
                                      33
Manufacturing
                                                                        710,045
                                                                         91,992
                                                                         19,179
                                                                        821,216
                                       8
                                      42
Wholesale Trade
                                                                          1,387
                                                                          9,712
                                                                             29
                                                                         11,129
                                       9
                                      44
Retail Trade
                                                                              7
                                                                            134
                                                                              0
                                                                            141
                                      10
                                      45
Retail Trade
                                                                             21
                                                                            132
                                                                              0
                                                                            153
                                      11
                                      48
Transportation
                                                                            902
                                                                          3,212
                                                                             30
                                                                          4,145
                                      12
                                      49
Postal, Couriers, Messengers, Storage
                                                                          3,233
                                                                          3,429
                                                                            111
                                                                          6,773
                                      13
                                      51
Information
                                                                             22
                                                                          2,384
                                                                             23
                                                                          2,429
                                      14
                                      52
Finance & Insurance
                                                                              2
                                                                              0
                                                                              0
                                                                              2
                                      15
                                      53
Real Estate, Rental & Leasing
                                                                            175
                                                                            299
                                                                              0
                                                                            474
                                      16
                                      54
Professional, Scientific & Tech Services
                                                                            379
                                                                          8,722
                                                                              7
                                                                          9,108
                                      17
                                      55
Mgt of Companies/Enterprises
                                                                              1
                                                                             84
                                                                              0
                                                                             84
                                      18
                                      56
Admin, Waste Mgt & Remediation
                                                                        216,667
                                                                         94,507
                                                                        159,396
                                                                        470,570
                                      19
                                      61
Educational Services
                                                                            299
                                                                          3,189
                                                                              4
                                                                          3,492
                                      20
                                      62
Health Care, Social Assistance
                                                                            228
                                                                          3,022
                                                                              0
                                                                          3,250
                                      21
                                      71
Arts, Entertainment, Recreation
                                                                             30
                                                                            167
                                                                              0
                                                                            196
                                      22
                                      72
Accommodation & Food Services
                                                                              0
                                                                              2
                                                                              0
                                                                              2
                                      23
                                      81
Other Services
                                                                            899
                                                                          3,491
                                                                              0
                                                                          4,389
                                      24
                                      92
Public Administration
                                                                         27,804
                                                                          4,042
                                                                             50
                                                                         31,896
                                      25
                                      ??
NAICS code not provided
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                Column totals =
                                                                      1,030,515
                                                                          (57%)
                                                                        595,345
                                                                          (33%)
                                                                        184,369
                                                                          (10%)
                                 1.81 million
                                    (100%)

                                  Exhibit 3W
Screening Selection Results of Baseline Disposal for Recycling Breakeven Test by Physical Form of Total Baseline Disposed RCRA Hazardous Wastes (2007)

                                       A
                                       B
                                       C
                                   D (A+B+C)
                                     Item
                      Biennial Report Physical Form Code
                          Commodity Group 1 disposal
                                  (tons/year)
                                  Commodity
                               Group 2 disposal
                                  (tons/year)
                                  Commodity
                               Group 3 disposal
                                  (tons/year)
                                Total disposal
                                  (tons/year)
                                       1
W001
Lab packs w/out acute haz waste
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                       2
W002
Contaminated debris
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                       3
W004
Lab packs w/acute haz waste
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                       4
W301
Contaminated soil
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                       5
W309
Batteries, battery parts, cores, casings
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                       6
W310
Filters, adsorbents, ion exchange resins, spent carbon
                                                                              0
                                                                              0
                                                                          7,114
                                                                          7,114
                                       7
W320
Electrical devices
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                       8
W512
Sediment or lagoon dragout, drilling or other muds
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                       9
W801
Compressed gases
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                          Subtotal mixed media/debris/devices =
                                                                              0
                                                                              0
                                                                          7,114
                                                                          7,114
                                      10
W101
Very dilute aqueous waste >99% water
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      11
W103
Spent concentrated acid
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      12
W105
Acidic aqueous wastes <5% acid
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      13
W107
Aqueous waste containing cyanides
                                                                         12,643
                                                                              0
                                                                              0
                                                                         12,643
                                      14
W110
Caustic aqueous waste or wastewaters
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      15
W113
Other aqueous waste or wastewaters
                                                                              0
                                                                              0
                                                                              1
                                                                              1
                                      16
W117
Waste liquid mercury
                                                                            110
                                                                              0
                                                                              0
                                                                            110
                                      17
W119
Other inorganic liquid
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                   Subtotal inorganic liquids =
                                                                         12,753
                                                                              0
                                                                              1
                                                                         12,754
                                      18
W200
Still bottoms liquid form
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      19
W202
Concentrated halogenated solvent
                                                                              0
                                                                         20,728
                                                                              0
                                                                         20,728
                                      20
W203
Concentrated non-halogenated solvent
                                                                              0
                                                                        211,722
                                                                              0
                                                                        211,722
                                      21
W204
Concentrated halogenated/non-halo solvent mixture
                                                                              0
                                                                        148,274
                                                                              0
                                                                        148,274
                                      22
W205
Oil-water emulsion/mixture
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      23
W206
Waste oil
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      24
W209
Paint, ink, lacquer or varnish
                                                                              0
                                                                         75,746
                                                                              0
                                                                         75,746
                                      25
W210
Reactive or polymerizable organic liquids/adhesives
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      26
W211
Paint thinner or petroleum distillates
                                                                              0
                                                                         33,747
                                                                              0
                                                                         33,747
                                      27
W219
Other organic liquid
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                     Subtotal organic liquids =
                                                                              0
                                                                        490,217
                                                                              0
                                                                        490,217
                                      28
W303
Ash
                                                                         83,629
                                                                              0
                                                                              0
                                                                         83,629
                                      29
W304
Slags, drosses, other solid thermal residues
                                                                        398,635
                                                                              0
                                                                        158,619
                                                                        557,254
                                      30
W307
Metal scale, filings, scrap (incl. drums)
                                                                         21,654
                                                                              0
                                                                              0
                                                                         21,654
                                      31
W312
Cyanide or metal cyanide bearing solids, salts, chems
                                                                         24,024
                                                                              0
                                                                              0
                                                                         24,024
                                      32
W316
Metals salts or chemicals w/out cyanide
                                                                         28,938
                                                                              0
                                                                              0
                                                                         28,938
                                      33
W319
Other inorganic solids
                                                                          4,574
                                                                              0
                                                                              0
                                                                          4,574
                                                    Subtotal inorganic solids =
                                                                        561,454
                                                                              0
                                                                        158,619
                                                                        720,073
                                      34
W401
Pesticide solids
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      35
W403
Solid resins, plastics, polymerized organics
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      36
W405
Explosives or reactive organic solids
                                                                              0
                                                                              0
                                                                         11,769
                                                                         11,769
                                      37
W409
Other organic solids
                                                                              0
                                                                              0
                                                                          6,670
                                                                          6,670
                                                      Subtotal organic solids =
                                                                              0
                                                                              0
                                                                         18,439
                                                                         18,439
                                      38
W501
Lime or metal hydroxide sludges
                                                                         59,135
                                                                              0
                                                                              0
                                                                         59,135
                                      39
W503
Gypsum sludges from wastewater or air treatment
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      40
W504
Other sludges from wastewater or air treatment
                                                                              0
                                                                              0
                                                                            196
                                                                            196
                                      41
W505
Metal bearing sludges
                                                                         20,449
                                                                              0
                                                                              0
                                                                         20,449
                                      42
W506
Cyanide-bearing sludges
                                                                         10,112
                                                                              0
                                                                              0
                                                                         10,112
                                      43
W519
Other inorganic sludges
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                   Subtotal inorganic sludges =
                                                                         89,695
                                                                              0
                                                                            196
                                                                         89,891
                                      44
W603
Oily sludge
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      45
W604
Paint or ink sludges, still bottoms
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      46
W606
Resins, tars, polymer, tarry sludge
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      47
W609
Other organic sludge
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                     Subtotal organic sludges =
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      48
W???
Physical form code not provided
                                                                        366,613
                                                                        105,128
                                                                              0
                                                                        471,741
                                                                       Totals =
                                                                      1,030,515
                                                                          (56%)
                                                                        595,345
                                                                          (33%)
                                                                        184,369
                                                                          (10%)
                                 1.81 million
                                    (100%)
Notes:  Data Source: EPA 2007 RCRA Hazardous Waste Biennial Report: http://www.epa.gov/wastes/inforesources/data/br07/index.htm
* Beneficial disposal = H050 + H061;  ** Non-beneficial disposal = H040 + H071 + H073 + H075 + H076 + H077 + H081 + H082 + H083 + H101 + H103 + H111 + H112 + H121 + H122 + H123 + H124 + H129 + H131 + H132 + H134 + H135 + H141.
   3D.4	Baseline Rate of 2008 DSW Exclusions for Hazardous Wastes Diverted from Disposal to Recycling

As described above in Section 3C, the 2007 RCRA Biennial Report (BR) data summarized in this RIA do not reflect the (baseline) diversion of hazardous wastes from disposal to DSW-excluded recycling resulting from the 2008 DSW final rule.  To quantify the baseline for analysis of the 2011 DSW proposed rule, this RIA adjusts the 2007 BR data to reflect the exclusions included in the 2008 DSW final rule.  The rate of DSW exclusion notifications (i.e., annual count of facilities adopting the exclusions) assumed for baseline industrial recycling as discussed in Section 3D (i.e., 21 facilities per year), will also apply to the baseline disposal which may switch-over to recycling, as presented in this chapter.

--------------------------------------------------------------------------------
Chapter 4
           Estimate of Baseline Regulatory Cost Savings to Industry
                   for the Existing DSW Recycling Exclusions

4A.	Baseline Cost Savings Estimation Methodology

Prior to the 2008 DSW final rule, RCRA facilities engaged in recycling had to comply with 14 elements of RCRA Subtitle C regulatory requirements as listed below in Exhibit 4A.  This included facilities that were already recycling (i.e., reported wastes managed by metals, solvent or other recovery in the 2007 BR) and facilities that were not yet recycling but might if costs decreased (i.e., disposed wastes with possible metal, solvent or other material recovery value as defined in Exhibit 3R).  In 2008, EPA issued the DSW final rule which provided the opportunity for industries to realize future annual de-regulatory cost savings for current recyclers, and potentially created new recyclers from the population of facilities that were not recycling but might, given decreased costs.

The 2008 DSW final rule created 12 terms/conditions that need to be met to obtain a recycling exclusion.  Exhibit 4B below lists the 12 conditions.  Costs are incurred by industries to meet these 12 conditions.  EPA estimated these cost savings and costs in the "Regulatory Impact Analysis" (RIA) for the October 2008 DSW final rule.  For the 2011 DSW proposed rule these costs need to be adjusted for changes in quantity since 2008, changes in the number of affected facilities since 2008, inflation, and the rate at which facilities have submitted exclusion notifications between December 2008 and April 2011.  In addition, the population of affected baseline facilities needs to be expanded to include pre-2008 exclusions which must meet technical provisions under the 2011 DSW proposed rule.  This chapter updates findings from 2008 adjusting them to conditions in 2011.

This chapter presents estimates for baseline (i.e., current) regulatory cost savings associated with the 2008 DSW final rule exclusions and the pre-2008 DSW exclusions.  Baseline cost savings associated with the DSW exclusions, as defined in this RIA include:

   1. Avoided industry regulatory costs associated with the 14 elements of RCRA administrative burden.
   2. Minus the industry costs associated with meeting the 12 conditions established by the 2008 DSW final rule to obtain a DSW exclusion.
   3. Plus additional industry cost savings resulting from longer accumulation times and de-regulated management requirements for residuals under the 2008 DSW final rule.
   4. The technical provisions of the 2011 DSW proposed revisions will add regulatory costs reducing the baseline cost savings associated with the 2008 DSW final rule.  The costs associated with the 2011 DSW technical provisions are presented in the next chapter.

Baseline RCRA regulatory burden costs --- consisting of administrative paperwork burden plus technical standards burden --- may be eliminated with changes in RCRA regulatory status of the industrial materials and industrial facilities under each 2008 DSW final rule exclusion.  As itemized in Exhibit 4A, the 2008 DSW RIA estimated 14 elements of baseline RCRA regulatory burden on the regulated community (i.e., industrial hazardous waste generators, waste transporters, and waste TSDFs) such as reporting to RCRA-authorized state governments, onsite recordkeeping, RCRA permitting of waste management units, waste transport manifesting, and meeting RCRA Subtitle C technical standards for design, construction, operation and closure of hazardous waste management units.  These are the baseline costs eliminated by managing a facility's RCRA hazardous wastes as hazardous materials under the 2008 DSW exclusions.

Also, because of the 2008 DSW final rule the generator status of a facility may change when recycled wastes are no longer counted as hazardous waste under the 2008 DSW final rule, resulting in a reduction or elimination of some RCRA baseline burden.  The non-recycled quantity of hazardous waste a facility generates determines its generator status and continued RCRA regulatory burden.  For example, if LQGs, SQGs, and CESQGs recycle more waste they may further reduce their generator status (i.e., switch from LQG to SQG, or switch from LQG to CESQG, or switch from SQG to CESQG status, or may no longer be a RCRA hazardous waste generator under any of these three regulatory categories).  CESQGs already have exclusions from many RCRA regulatory requirements because of their small annual generation rate (i.e., less than 100 kilograms per month which is equivalent to 1.3 tons per year).  SQGs and CESQGs have fewer RCRA regulatory administrative requirements than LQGs under 40 CFR Part 262 of RCRA Subtitle C (i.e., relatively less baseline burden for RCRA personnel training, biennial reporting of hazardous waste generation and management activities, and preparation of contingency plans).

As part of the 2008 DSW final rule industry had to meet 12 conditions associated with the three 2008 DSW final rule exclusions to obtain an exclusion from the definition of solid waste.  For example, one condition is the requirement to notify RCRA-authorized state governments (or EPA regional offices) for excluded materials, which represents an implementation cost for compliance with the de-regulatory exclusions under the 2008 DSW final rule.  Exhibit 4B presents a summary of the 12 baseline conditions for the three 2008 DSW final rule exclusions.  Implementation of these conditions however may affect facility onsite waste accumulation practices, waste shipping, and waste treatment residual management operations creating additional cost savings, for example:

   * Example 1: The resulting changes in generator status from LQG to SQG, to CESQG, or to non-generator status, will allow longer accumulation times, resulting in larger truckloads for shipment.  With larger truckloads minimum management charges (higher unit costs, $/ton) may be avoided.  Longer accumulation times will result in few shipments and reduced total shipping costs.

   * Example 2: In addition, the 2008 DSW final rule may cause residuals (e.g., ash, distillation bottoms) generated from the recycling processes to be no longer regulated as "derived-from" RCRA hazardous wastes (RCRA 40 CFR 261.3(c)(2)(I)).  Management of previously "listed" hazardous residuals may shift from RCRA Subtitle C regulated hazardous waste management to de-regulated management, although RCRA "characteristic" hazardous waste residuals will continue to require management as hazardous waste (40 CFR 261 Subpart C of the RCRA regulations defines "characteristic" hazardous wastes according to four classifications: 261.21 ignitability, 261.22 corrosivity, 261.23 reactivity, and 261.24 toxicity).

                                  Exhibit 4A
Summary of 14 Baseline RCRA Subtitle C Regulatory Burden Requirements by Industry Facility Classification
                                       A
                                       B
                                       C
                                       D
                                       E
                                       F
                                       G
                                     Item
                          RCRA Subtitle C Requirement
                      Facility Regulatory Classification
Potential Change in Baseline Regulatory Burden Costs Under the 2008 DSW Final Rule Exclusions

                                      LQG
                                      SQG
                                     CESQG
                                     TSDRF

1
Obtain EPA ID Number
Required
Required
Not required
                                   Required
Assumed no cost savings because generators already have incurred costs for obtaining EPA ID numbers (i.e., assumed "sunk cost")
2
Personnel Training
Required (40 CFR 262.34)
Basic training required (40 CFR 262.34)
Not required
                                   Required
Cost savings incurred if generator becomes a  SQG or CESQG with exclusion.
	3
Recordkeeping
Required for manifests, exception report, and biennial report.
Required for manifests and exception reports.
Not required
        Required for manifests, exception report,  and biennial report
Cost savings incurred if recycled waste not defined as a hazardous waste or if generator becomes a SQG  or CESQG with exclusion.
4
Exception Report
Required within 45 days of hazardous waste being accepted by initial transporter
Required within 60 days of hazardous waste being accepted by initial transporter
Not Required
                          See Generator Requirements
Cost savings incurred if generator becomes a SQG or CESQG with exclusion.
5
Biennial Reporting
Required
Not required
Not required
                                   Required
Cost savings incurred if generator becomes a SQG or CESQG with exclusion.
6
Storage Requirements for Accumulated Hazardous Waste
Full compliance with management of containers or tanks
Basic requirements with technical standards for containers or tanks
None
            Full compliance with management of containers or tanks
Assumed no cost savings if generator status changes because facilities already have incurred costs (i.e., assumed "sunk cost").
7
Part B Permit Renewal
None
None
None
                                   Required
Cost savings incurred by permitted recycling facilities with exclusion.  If they recycle all waste, they will incur facility-wide permit renewal savings.  Otherwise, they will only incur savings associated with the permit renewal for the storage area associated with the recycling process.
8
Use Manifests
Required
Required, unless the waste is reclaimed under a contractual agreement
Not required
                          See Generator Requirements
Cost savings incurred if recycled waste not defined as a hazardous waste or if generator becomes a SQG (with contract agreement) or CESQG with exclusion.
9
Preparedness & prevention
Required
Not Required
Not Required
                                   Required
Cost savings incurred if generator becomes a SQG or CESQG with exclusion.
10
Contingency Plan
Required
Not required
Not required
                              Permit Requirement
Cost savings incurred if generator becomes a SQG or CESQG with exclusion.
11
Emergency Plan
Required
Not required
Not required
                              Permit Requirement
Cost savings incurred if generator becomes a SQG or CESQG with exclusion.
12
Facility closure
Not required
Not required
Not Required
                                   Required
Costs incurred by recycler for obtaining financial assurance for closure/post closure of secondary materials storage containers.
13
Post-closure care
Not required
Not required
Not Required
                                   Required
Costs incurred by recycler for obtaining financial assurance for closure/post closure of secondary materials storage containers.
14
Accumulation Time
90 days "Speculative accumulation" provisions (40 CFR 261.1(c)(8)) require that during a calendar year the amount of material that is recycled, or transferred to a different site for recycling, must equal at least 75% by weight or volume of the material at the beginning of the period.
180 days [or 270 days if transported more than 200 miles]
"Speculative accumulation" provisions (40 CFR 261.1(c)(8)) require that during a calendar year the amount of material that is recycled, or transferred to a different site for recycling, must equal at least 75% by weight or volume of that material at the beginning of the period.
None
                                    90 days
Cost savings incurred if generator becomes a SQG or CESQG with exclusion.  Cost savings for longer speculative accumulation time limits for recycled materials.
                                                    Column total requirements =
                                      11
                                       7
                                       0
                                      14

                                  Exhibit 4B
Summary of 12 Baseline Conditions for EPA's 2008 Final Rule Amendments to the DSW Recycling Exclusions
                                  Conditions
                                 Exclusion 1:
                        Generator Controlled Recycling
                                 Exclusion 2:
                          Offsite Transfer Recycling
                                 Exclusion 3:
                             Case-by-Case Variance
       Potential Baseline Costs Under the 2008 DSW Final Rule Exclusions
                                       1
No speculative accumulation
                                      Yes
                                      Yes
                                      N/A
"Speculative accumulation" provisions (see 40 CFR 261.1(c)(8)) require that during a calendar year (beginning January 1) the amount of material that is recycled, or transferred to a different site for recycling, must equal at least 75% by weight or volume of the amount of that material at the beginning of the period.  Impact not estimated in this RIA.
                                       2
Generator notifies EPA initially & every 2-years
                                      Yes
                                      Yes
                                      N/A
Costs were estimated for generators to complete a notification of RCRA exclusion for their recycled wastes every 2-years.
                                       3
Notification signed by corporate official
                                      Yes
                                      Yes
                                      N/A
Additional costs will be incurred in the notification process to brief and obtain the signature of a corporate official.
                                       4
Generator submits petition to EPA to demonstrate that materials are not solid wastes
                                      N/A
                                      N/A
                                      Yes
Costs will be incurred to conduct waste characterization (totals and TCLP) to demonstrate waste has metal, solvent or other material values warranting recovery.
                                       5
Maintain records of all offsite shipments for recycling
No (onsite)
Yes (if involving offsite company affiliate, or tolling agreement)
                                      Yes
                                      N/A
Costs will be incurred by generator to maintain records of materials shipments to offsite recycling.
                                       6
Confirmation of shipment receipt
                                      Yes
                                      Yes
                                      N/A
Costs will be incurred by (a) offsite recycler to confirm to generator receipt of shipment, and (b) generator to maintain record of confirmation receipts.
                                       7
Recycler has liability insurance for accidents
                                      No
                                      Yes
                                      N/A
This RIA assumes no additional costs will be incurred because assumes all affected facilities currently have liability insurance for accidents as part of standard industry practice.
                                       8
Recycler has financial assurance for closure
                                      No
                                      Yes
                                      N/A
Costs incurred by recycler for obtaining financial assurance for closure/post closure of secondary materials storage containers.
                                       9
Materials must be contained
                                      Yes
                                      Yes
                                      Yes
No additional costs are assumed because all facilities will ensure containment to avoid CERCLA  liability and RCRA corrective action for leaks/spills.
                                      10
Residuals derived from recycling managed in environmentally-protective manner
                                      No
                                      Yes
                                      N/A
Assume all entities are currently treating residuals as listed waste, so cost savings will be incurred because "listed" waste definitions will no longer be attached to residuals.
                                      11
Generator exercises due diligence reasonable efforts to ensure offsite recycling is legitimate
                                      No
                                      Yes
                                      N/A
Generator incurs cost for conducting due diligence on offsite recycler.
                                      12
Export of materials for recycling requires notice & consent and filing of an annual report documenting the actual number of shipments and quantity of material exported
                                      N/A
                                      Yes
                                      N/A
Costs incurred by generator to notify foreign recycling facility of the requirements of the DSW exclusions and file an annual report on materials exported.  This RIA does not estimate the annual fraction (percentage) of affected hazardous secondary materials which may be exported for recycling.  However, this is a baseline RCRA Subtitle C requirement (40 CFR 262.53; 40 CFR 262.56), so no additional cost.
                                                   Count of total conditions* =
                                       6
                                      11
                                       2

Explanatory Notes:
* N/A = Not applicable.
* * Total counts of conditions in this Exhibit (a) do not include the four "legitimate recycling" factors (2 mandatory factors, plus 2 non-mandatory factors) which are common to all three recycling exclusions and are substantively the same as the current legitimacy policy, (b) do not distinguish and include the five sub-elements of item 11 due diligence for Exclusion 2, and (c) do not distinguish and include the nine criteria for making a non-waste determination under Exclusion 3..  This  more detailed sub-itemization of requirements exceeds the impact estimation level-of-detail of this RIA  Addition of these 18 omitted sub-items would increase the total count of conditions to 10 for Exclusion 1, to 20 for Exclusion 2, and to 15 for Exclusion 3.
Excluding metals, solvents, and other industrial "hazardous secondary materials" from RCRA regulation should make it more economical for generators and recycling facilities to recover the market-valued commodities from these materials, if the materials are recycled rather than disposed.  For the 2008 DSW final rule, estimates were made of the potential new future industrial recycling that may be induced by the DSW exclusions.  The induced new recycling estimates are based on applying a financial "breakeven test" to estimate the portion of baseline hazardous wastes which might switchover from disposal (either onsite or offsite disposal) to  offsite recycling.  This switchover impact represents a relatively less certain, hypothetical future scenario.  It is important to emphasize that this disposal switchover to recycling scenario does not represent a "prediction" or "forecast" in this RIA, but represents a "futures analysis" method often used by EPA:

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

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

     1. Relaxed waste accumulation time limits.
     2. De-regulation of waste management residuals (e.g. ash, sludges, leachates) from recycled materials; i.e., if wastes are no longer considered a listed hazardous waste, the residuals generated by the waste recycling processes may no longer be regulated as "hazardous waste" under the RCRA "Derived-from Rule" (40 CFR 261.3(c)(2)(i)). Therefore, the management of these residuals might shift from RCRA Subtitle C (hazardous waste) to Subtitle D (nonhazardous waste) disposal if the residuals do not test characteristically hazardous (40 CFR 261 Subpart C).
     3. Reduction and elimination of baseline costs for RCRA regulatory paperwork burden to affected entities (e.g., for manifesting, for maintaining RCRA waste management permits).

However, possibly offsetting some fractions of these potential RCRA regulatory cost savings, are the incremental costs to affected facilities, associated with complying with the conditions of each 2008 DSW final rule exclusion.  Induced new recycling costs are a combination of:

   * RCRA regulatory paperwork burden costs savings to industry
   * New costs to affected industrial facilities to implement (i.e., comply with) the 12 DSW exclusion conditions
   * State government hazardous waste fee cost savings to industry
   * Waste management costs (i.e., current waste disposal cost compared to new recycling cost) to industry waste generators
   * Potential market value to recyclers of the recovered material commodities (if hypothetically recycled rather than disposed)

All of these elements are integrated in the micro-economic (i.e., facility- and waste-specific) financial breakeven test to determine which facilities may be induced to switchover from baseline disposal to recycling under the 2008 DSW final rule exclusions.

Unit cost data and baseline cost estimates are not presented in this RIA for baseline RCRA regulatory requirements which (a) are "sunk costs" or (b) the baseline regulatory requirement is an infrequent event, for example:

   * Obtaining an EPA identification number (this is assumed a "sunk cost" for affected industries)
   * Preparing a RCRA manifest exception report (this is an unpredictable baseline regulatory event that does not frequently occur and is not estimated in this RIA)
   * Complying with storage requirements for accumulated hazardous waste (this is assumed a "sunk cost" for affected industries)

A summary of the unit costs for the 14 elements of RCRA regulatory burden baseline cost to affected industries can be found in the 2008 DSW RIA.  Similarly, a summary of average unit costs to meet the 12 conditions associated with the three 2008 DSW final rule exclusions to obtain an exclusion are presented in of the 2008 DSW RIA.

The primary sources of many of these baseline burden unit costs are the labor hour estimates contained in Information Collection Request (ICR) supporting statements for the RCRA hazardous waste program.  An ICR describes reporting, record keeping, survey, or other information collection requirements imposed on the public (e.g., households, industry) by a Federal agency such as the EPA.  ICR supporting statements provide overviews of the information collection, and provide estimates of the costs and labor hours imposed on the public to respond to ICRs.  ICR paperwork burden, referred to as RCRA administrative requirements in this chapter, are evaluated for compliance with 40 CFR 262 generator standards such as manifest, pre-transport, recordkeeping, reporting, and differences in regulatory requirements for facilities that are LQG, SQG, CESQG, and TSDF regulatory status.  Industrial disposal and recycling costs are based on RACER 2005 cost estimating software (RACER = Remedial Action Cost Engineering Requirements cost estimating system (http://www.fecpractice.com/Docs/RACER%20Overview.pdf) and other published sources.
4B.	Baseline Regulatory Cost Savings for the 2008 DSW Recycling Exclusions

      4B.1	De-Regulatory Cost Savings Baseline from the 2008 DSW Final Rule RIA

This section contains a series of exhibits which present the outcome of the cost savings estimates for the 2008 DSW final rule exclusions.  The average annual, non-discounted, nationwide de-regulatory cost savings estimated in the 2008 DSW RIA was $95.3 million per year (source: 2008 RIA Exhibit 1B, page 8).  The 2008 RIA cost savings represents one part of the baseline defined in this RIA for purpose of incremental analysis of the potential impact of the 2011 DSW proposed revisions to the 2008 DSW final rule.  The other part of the baseline applied in this RIA pertains to the 2011 proposed options which may affect pre-2008 DSW exclusions.  The 2008 DSW final rule RIA baseline consists of three components, which are related as follows: ($106.4 million deregulatory savings #1)  -  ($15.8 million condition costs #2) + (4.7 million net market value #3) = $95.3 million per year net cost savings:

   * 2008 baseline component #1 of 3: Cost savings from the deregulation of 14 RCRA Subtitle C regulatory requirements:
      Annual industry baseline cost savings to LQGs, SQGs, transporters, and TSDRFs for elimination of all 14 regulatory cost elements outlined in Exhibit 4A above are estimated in the 2008 DSW RIA for all three 2008 DSW final rule exclusions.  Up to $106.4 million per year in cost savings were estimated if 100% of the facilities submitted a notification for exclusion.

   * 2008 baseline component #2 of 3: New costs to meet 12 terms/conditions for the 2008 DSW final rule recycling exclusions:
      Annual industry baseline costs to comply with the paperwork burden conditions under each 2008 DSW recycling exclusion are estimated in EPA's 2008 DSW RIA.  Up to $15.8 million per year in costs were estimated if 100% of the facilities submitted a notification for exclusion.

   * 2008 baseline component #3 of 3: Net market value of recovered hazardous secondary materials facilities would otherwise dispose (discard).  Annual industry baseline cost savings for industrial secondary materials recovered from potential switchover of some hazardous waste streams from baseline disposal to new future recycling under the 2008 DSW final rule exclusions are estimated in the 2008 DSW RIA.  Up to $4.7 million per year in cost savings were estimated if 100% of the facilities switched from baseline disposal to new future recycling and submitted a notification for exclusion.

      4B.2	Update Factors Applied to the 2008 DSW De-Regulatory Cost Savings Baseline

The $95.3 million per year average annual cost savings from the 2008 DSW RIA is updated in this RIA to 2011 using four update factors:

   1. Update factor #1 of 4: Annual Tonnages: A tonnage adjustment factor to reflect changes in industrial output and coinciding waste recycling between the 2005 and 2007 BR reporting cycles.  For the tonnage adjustment factor, the reported 2007 BR recycling quantity was compared to the reported 2005 BR recycling quantity to derive a tonnage adjustment factor of -2.48% representing a decrease in industrial recycling of hazardous wastes (see Exhibit 4C below).  Only the reported recycling quantities and not disposal quantities were used because most (81%) of the estimated annual cost savings from the 2008 DSW RIA are associated with RCRA-regulated recycling activities (i.e., $77.3 million per year (81% of $95.3 million/year) in cost savings associated with RCRA-regulated recycling, compared to $16.7 million per year (%18% of $95.3 million/year) in estimated cost savings from disposal quantities shifting to recycling in the 2008 DSW RIA; the residual $1.3 million/year (<2% of $95.3 million/year) is associated with the case-by-case variance exclusion).

                                  Exhibit 4C
Annual Quantities of RCRA Hazardous Wastes Currently Recycled by Generator Industry
                                       A
                                       B
                                       C
                                       D
                               E ((D-C)/ Cx100%)
                                     Item
                              Generator Industry
                              2-digit NAICS code
                               2005 BR Recycling
                                (tons per year)
                               2007 BR Recycling
                                (tons per year)
                 % Change in Recycling Between 2005 & 2007
                                       1
                                      11
Ag, Forestry, Fishing, Hunting
                                                                              0
                                                                             70
                                                                             NA
                                       2
                                      21
Mining
                                                                              3
                                                                              4
                                                                         33.33%
                                       3
                                      22
Utilities
                                                                             54
                                                                              0
                                                                       -100.00%
                                       4
                                      23
Construction
                                                                             11
                                                                            669
                                                                       5981.82%
                                       5
                                      31
Manufacturing
                                                                            350
                                                                            136
                                                                        -61.14%
                                       6
                                      32
Manufacturing
                                                                        575,988
                                                                        535,749
                                                                         -6.99%
                                       7
                                      33
Manufacturing
                                                                      1,215,208
                                                                      1,085,944
                                                                        -10.64%
                                       8
                                      42
Wholesale Trade
                                                                         19,298
                                                                         16,549
                                                                        -14.24%
                                       9
                                      44
Retail Trade
                                                                              8
                                                                              6
                                                                        -25.00%
                                      10
                                      45
Retail Trade
                                                                              0
                                                                              0
                                                                          0.00%
                                      11
                                      48
Transportation
                                                                            177
                                                                             31
                                                                        -82.49%
                                      12
                                      49
Postal, Couriers, Warehousing
                                                                              0
                                                                              0
                                                                          0.00%
                                      13
                                      51
Information
                                                                         12,781
                                                                         12,106
                                                                         -5.28%
                                      14
                                      52
Finance & Insurance
                                                                              0
                                                                              0
                                                                          0.00%
                                      15
                                      53
Real Estate, Rental & Leasing
                                                                              2
                                                                            0.5
                                                                        -75.00%
                                      16
                                      54
Prof, Scientific & Tech Services
                                                                              9
                                                                             71
                                                                        688.89%
                                      17
                                      55
Mgt of Companies/Enterprises
                                                                              0
                                                                              0
                                                                          0.00%
                                      18
                                      56
Admin, Waste Mgt, Remediation
                                                                        220,824
                                                                        342,901
                                                                         55.28%
                                      19
                                      61
Educational Services
                                                                             78
                                                                             53
                                                                        -32.05%
                                      20
                                      62
Health Care, Social Assistance
                                                                            153
                                                                             71
                                                                        -53.59%
                                      21
                                      71
Arts, Entertainment, Recreation
                                                                              3
                                                                              0
                                                                       -100.00%
                                      22
                                      72
Accommodation & Food Services
                                                                              0
                                                                              0
                                                                          0.00%
                                      23
                                      81
Other Services
                                                                             13
                                                                             22
                                                                         69.23%
                                      24
                                      92
Public Administration
                                                                            222
                                                                            157
                                                                        -29.28%
                                      25
                                      ??
NAICS code not provided
                                                                              0
                                                                              0
                                                                          0.00%
                                                                Column totals =
                                   2,045,182
                                   1,994,540
                                                                         -2.48%

   2.       Update factor #2 of 4: Price Level: An annual US nationwide average price inflation factor to reflect changes in labor, equipment, and materials prices between 2007 and 2011 (costs in the 2008 DSW RIA are based on 2007$).  For the price level adjustment factor, aggregate costs are all inflated from 2007$ to 2011$ using an implicit price deflator of 1.0505 (based on data from Table 1.1.9 Implicit Price Deflators for Gross Domestic Product, Bureau of Economic Analysis last revised May 26, 2011).  The implicit price deflator for 2007 is 106.296.  The first quarter 2011 implicit price deflator is 111.668.  The ratio of these two implicit price deflator values results in an inflation adjustment multiplier of 1.0505 (111.668/106.296 = 1.0505).

   Note: Although not applied in this RIA, it is of macro-economic interest to indicate that an alternative and relevant price level update index  -  the "Chemical Engineering Plant Cost Index" (CEPCI) -- indicates a 2007:to:2011 update multiplier of 1.0750, whereas in comparison the BEA implicit price deflator is 1.0505.  Thus, the dollar values (i.e., costs and cost savings) estimated in this RIA are about 2% lower (i.e., (1.0505 / 1.0750) x 100% = 97.72%) than they would be if this RIA applied the CEPCI rather than the BEA GDP-IPD.  The CEPCI is published monthly by Chemical Engineering magazine.  The CEPCI ratio for 2011:to:2007 = (564.8 CEPCI January 2011 preliminary) / (525.4 CEPCI 2007 annual) = 1.0750 cost update multiplier.  The 2007 and 2011 CEPCI data are from http://www.scribd.com/doc/53184082/M-S-2011.  The CEPCI is a relative narrow price index comprised of four major price categories: (a) chemical plant equipment, (b) chemical plant construction labor, (c) chemical plant buildings, and (d) chemical plant engineering and supervision, whereas the BEA GDP IPD is a very broad index comprised of prices for all sectors of the US national economy.

   3. Update factor #3 of 4: Eligible Facility Count: A facility count adjustment factor to reflect changes in industrial recycling activity between the 2005 and 2007 BR reporting cycles.  The 2007 BR counts of facilities recycling were compared to the reported 2005 BR recycling facility count to derive a tonnage adjustment factor of -10.15% representing a decrease in the number of industrial facilities recycling hazardous wastes, as displayed in Exhibit 4D.  Only the reported count of facilities recycling hazardous waste and not the count of facilities disposing hazardous waste were used because most (81%) of the estimated cost savings from the 2008 DSW RIA are associated with current recycling activities (i.e., $77.3 million per year (81% of $95.3 million/year) in cost savings associated with RCRA-regulated recycling, compared to $16.7 million per year (%18% of $95.3 million/year) in estimated cost savings from disposal quantities shifting to recycling in the 2008 DSW RIA; the residual $1.3 million/year (<2% of $95.3 million/year) is associated with the case-by-case variance exclusion).

                                  Exhibit 4D
           Count of Facilities Currently Recycling Hazardous Waste
        by Three Categories of RCRA Hazardous Waste Baseline Recycling*
                      Hazardous Waste Recycling Category
                                       A
                                       B
                               C ((B-A)/ Ax100%)

         2005 count of facilities generating wastes that are recycled
         2007 count of facilities generating wastes that are recycled
                    Percent Change in Generators Recycling

H010: Metals recovery:
high temperature metals recovery, retorting, secondary smelting, & other metals recovery (e.g., ion exchange, reverse osmosis, acid leaching).
                                     2,352
                                     2,019
                                    -14.16%
H020: Solvents recovery:
fractionation/ distillation, thin film evaporation, & solvent extraction.
                                     2,466
                                     2,101
                                    -14.80%
H039: Other recovery:
acid regeneration, waste oil recovery, non-solvent organic liquids recovery, & other miscellaneous recovery methods except energy recovery or use as fuel.
                                      829
                                      867
                                     4.58%
Non-duplicative totals =
                                     4,809
                                     4,321
                                    -10.15%
*  The State of Michigan reported a significant decrease in the number of facilities recycling in 2007 compared to 2005.

   4. Update Factor #4 of 4: Exclusion Adoption Rate: An adoption rate based on the rate of DSW exclusion notifications for baseline industrial recycling presented later in this RIA.
   4B.3	Result of Updating the 2008 DSW De-Regulatory Cost Savings Baseline to 2011

Exhibits 4E through 4I below present the updated 2008 RIA baseline facility counts, annual recycling tonnages, and annual net de-regulatory cost savings for the five recycling exclusions of the 2008 DSW final rule.

   * Exclusion 1A	Generators who recycle on site.
   * Exclusion 1B	Offsite transfer recycling at a different facility under the control of the generator (i.e., same company).
   * Exclusion 1C	Offsite transfer recycling under a tolling contract.  Tolling arrangement offsite recycling indirectly estimated using baseline offsite recycling for NAICS industry code 32519 Other Organic Chemical Mfg.
   * Exclusion 2:	Offsite transfer recycling based on all other offsite recycling not covered under Exclusion 1 (i.e., mutually-exclusive non-duplicative impact), plus all baseline disposal estimated to potentially shift to offsite recycling.
   * Exclusion 3:	Case-by-case "non-waste determination" variance.  Note that each exhibit of this chapter does not present Exclusion 3 as a separate exhibit column according to the 2-digit NAICS code itemization, because Exclusion 3 was estimated in EPA's RIA for the 2008 DSW exclusions final rule, based on a simple methodology outside of the baseline recycling and baseline disposal datasets applied in the de-regulatory cost savings and disposal switchover breakeven test analyses used to estimate impacts for Exclusion 1 and Exclusion 2.  For this reason, only the aggregate annual impact estimate for Exclusion 3 is presented as a bottom row of each exhibit

   * Update Results Based on 100% Eligible Facilities Adopting Without Future Annual Discounting

The updated 2008 DSW baseline is based on the same simple scenario applied in the 2008 DSW RIA of 100% adoption (i.e., notification for exclusion under the 2008 DSW final rule) by all affected industrial facilities currently recycling hazardous waste and those projected to switch from baseline disposal of hazardous waste to new future recycling.  Results are presented on a 2-digit NAICS code basis for affected industrial facility counts and affected annual tonnages because costs for the 2011 DSW proposed rule are dependent upon these numbers.

   *    Exhibit 4E:		Presents counts of potentially affected 6-digit industries (546) & facilities (5,007) for the three 2008 DSW exclusions.
   *    Exhibit 4F:		Presents estimated annual tonnages of affected hazardous wastes for the three 2008 DSW final rule exclusions (1.499 million tons total).
   *    Exhibit 4G:		Presents the dollar-value of estimated baseline annual net cost savings to industry according to 2-digit NAICS sectors for the three 2008 DSW final rule exclusions ($96.6 million per year).
   *    Exhibit 4H:		Presents the combined impact for all three exclusions.
   *    Exhibit 4I:		Presents the estimated shift in baseline RCRA regulatory generator status of affected industrial facilities for the three 2008 DSW final rule exclusions (i.e., pre-rule and post-rule estimated counts of affected LQGs, SQGs, and CESQGs).  This potential change in RCRA status is a driver (i.e., determinant) for five of the 14 RCRA regulatory paperwork burden elements itemized in Exhibit 4A row items 2, 3, 8, 10, 11.  To a much lesser extent, RCRA generator status is also a determinant of one of the 12 DSW exclusion conditions itemized in Exhibit 4B (row item 5).  The estimate of potential change in generator status in this RIA is in relation to the entire annual tonnage of baseline RCRA hazardous wastes generated or managed at each potentially affected facility (i.e., the facility-wide total annual tonnage for all hazardous waste streams generated or managed at a single facility), not just in relation to the sub-set of annual hazardous waste stream tonnage which may be affected by the 2008 DSW final rule recovery/recycling exclusions.  Thus, as estimated in this RIA, this potential shift in RCRA regulatory status for generators is potentially more beneficial to the relatively large number of small-sized facilities (e.g., small businesses) which generate a relatively small number (i.e., <5) of small tonnage hazardous waste streams annually, and less beneficial to the relatively small number of large-sized facilities (e.g. large companies) which generate a large number (i.e., >5) of hazardous waste streams annually.

                                  Exhibit 4E
Counts of Industries & Facilities Potentially Affected by the 2008 DSW Exclusions (2007 BR Data)
(i.e., Existing Facilities Which May Become Eligible for the Three 2008 DSW Final Rule Exclusions @100% Adoption Rate)
                                     Item
                            A. Affected Industries
                            B. Affected Facilities

                          Industry 2-digit NAICS code
                  2007 Count of 6-Digit NAICS Codes Affected
                         (see full list in Appendix A)
                                       A
                                       B
                                       C
                                       D
                                  E (A+B+C+D)

                                 Exclusion 1A
                              (Generator onsite)
                                 Exclusion 1B
                              (Same co. offsite)
                                 Exclusion 1C
                               (offsite tolling)
                                  Exclusion 2
                               (Transfer-based)
                                   Combined
                                Exclusions 1+2
                                       1
                                      11
Ag, Forestry, Fishing, Hunting
                                       3
                                       0
                                       0
                                       0
                                       3
                                       3
                                       2
                                      21
Mining
                                      13
                                       0
                                       0
                                       0
                                      21
                                      21
                                       3
                                      22
Utilities
                                      12
                                       0
                                       2
                                       0
                                      94
                                      96
                                       4
                                      23
Construction
                                       9
                                       1
                                       0
                                       0
                                      21
                                      22
                                       5
                                      31
Manufacturing
                                      22
                                       0
                                       0
                                       0
                                      34
                                      34
                                       6
                                      32
Manufacturing
                                      109
                                      49
                                       4
                                      92
                                     1,176
                                     1,322
                                       7
                                      33
Manufacturing
                                      226
                                      36
                                       9
                                       0
                                     2,244
                                     2,289
                                       8
                                      42
Wholesale Trade
                                      25
                                       1
                                       0
                                       0
                                      105
                                      106
                                       9
                                      44
Retail Trade
                                       3
                                       0
                                       0
                                       0
                                      30
                                      30
                                      10
                                      45
Retail Trade
                                       4
                                       0
                                       0
                                       0
                                       4
                                       4
                                      11
                                      48
Transportation*
                                      29
                                       1
                                       0
                                       0
                                      104
                                      105
                                      12
                                      49
Postal, Messengers, Storage
                                       3
                                       0
                                       1
                                       0
                                      28
                                      29
                                      13
                                      51
Information
                                       6
                                       1
                                       0
                                       0
                                      10
                                      11
                                      14
                                      52
Finance & Insurance
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      15
                                      53
Real Estate, Rental & Leasing
                                       7
                                       0
                                       5
                                       0
                                       8
                                      13
                                      16
                                      54
Prof, Scientific & Tech Services
                                       8
                                       1
                                       1
                                       0
                                      159
                                      161
                                      17
                                      55
Mgt of Companies/Enterprises
                                       1
                                       0
                                       0
                                       0
                                       4
                                       4
                                      18
                                      56
Admin, Waste, & Remediation
                                      17
                                       7
                                      58
                                       0
                                      86
                                      151
                                      19
                                      61
Educational Services
                                       7
                                       2
                                       2
                                       0
                                      167
                                      171
                                      20
                                      62
Health Care, Social Assistance
                                       8
                                       2
                                       1
                                       0
                                      81
                                      84
                                      21
                                      71
Arts, Entertainment, Recreation
                                       5
                                       0
                                       0
                                       0
                                       6
                                       6
                                      22
                                      72
Accommod & Food Services
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                      23
                                      81
Other Services
                                      15
                                       0
                                       1
                                       0
                                      79
                                      80
                                      24
                                      92
Public Administration
                                      13
                                       0
                                       1
                                       0
                                      191
                                      192
                                                                Column totals =
                                      546
                                      101
                                      84
                                      92
                                     4,656
                                     4,933
Impact for Exclusion 3 (NAICS code industry-by-industry impact for Exclusion 3 not estimated) =
                                      74
                    Combined impact (Exclusion 1 + Exclusion 2 + Exclusion 3) =
                                     5,007

                                  Exhibit 4F
Estimated Tons of Affected Hazardous Wastes in 2007 for the Three 2008 DSW Final Rule Exclusions
                             (100% Adoption Rate)
                                     Item
                          Industry 2-digit NAICS code
                                       A
                                       B
                                       C
                                       D
                                  E (A+B+C+D)

                                 Exclusion 1A
                              (Generator onsite)
                                 Exclusion 1B
                              (Same co. offsite)
                                 Exclusion 1C
                               (offsite tolling)
                                  Exclusion 2
                               (Transfer-based)
                                   Combined
                                Exclusions 1+2
                                       1
                                      11
Ag, Forestry, Fishing, Hunting
                                                                              0
                                                                              0
                                                                              0
                                                                             12
                                                                             12
                                       2
                                      21
Mining
                                                                              0
                                                                              0
                                                                              0
                                                                            122
                                                                            122
                                       3
                                      22
Utilities
                                                                              0
                                                                              1
                                                                              0
                                                                          1,418
                                                                          1,419
                                       4
                                      23
Construction
                                                                              4
                                                                              0
                                                                              0
                                                                            789
                                                                            793
                                       5
                                      31
Manufacturing
                                                                              0
                                                                              0
                                                                              0
                                                                            299
                                                                            299
                                       6
                                      32
Manufacturing
                                                                        136,716
                                                                          1,234
                                                                         40,532
                                                                        164,930
                                                                        343,412
                                       7
                                      33
Manufacturing
                                                                        275,289
                                                                          4,001
                                                                              0
                                                                        668,158
                                                                        947,449
                                       8
                                      42
Wholesale Trade
                                                                            638
                                                                              0
                                                                              0
                                                                         27,448
                                                                         28,086
                                       9
                                      44
Retail Trade
                                                                              0
                                                                              0
                                                                              0
                                                                            229
                                                                            229
                                      10
                                      45
Retail Trade
                                                                              0
                                                                              0
                                                                              0
                                                                             52
                                                                             52
                                      11
                                      48
Transportation
                                                                             19
                                                                              0
                                                                              0
                                                                          1,559
                                                                          1,578
                                      12
                                      49
Postal, Messengers, Storage
                                                                              0
                                                                              1
                                                                              0
                                                                          1,172
                                                                          1,173
                                      13
                                      51
Information
                                                                             11
                                                                              0
                                                                              0
                                                                            250
                                                                            260
                                      14
                                      52
Finance & Information
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                                                              0
                                      15
                                      53
Real Estate, Rental & Leasing
                                                                              0
                                                                          3,328
                                                                              0
                                                                             83
                                                                          3,411
                                      16
                                      54
Prof, Scientific & Tech Services
                                                                              1
                                                                             13
                                                                              0
                                                                          1,011
                                                                          1,025
                                      17
                                      55
Mgt of Companies/Enterprises
                                                                              0
                                                                              0
                                                                              0
                                                                             25
                                                                             25
                                      18
                                      56
Admin, Waste, & Remediation
                                                                         14,339
                                                                         16,836
                                                                              0
                                                                         16,229
                                                                         47,403
                                      19
                                      61
Educational Services
                                                                              7
                                                                              7
                                                                              0
                                                                            786
                                                                            800
                                      20
                                      62
Health Care, Social Assistance
                                                                             81
                                                                             10
                                                                              0
                                                                            507
                                                                            598
                                      21
                                      71
Arts, Entertainment, Recreation
                                                                              0
                                                                              0
                                                                              0
                                                                             12