J
                                       K

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

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

                                       1
Alabama*
                                                                            223
                                                                          1,226
                                                                          1,226
                                                                          3,390
                                                                          3,390
                                                                          3,390
                                                                          3,390
                                                                          3,390
                                                                          3,390
                                                                           0.9%
                                       2
Alaska
                                                                             27
                                                                             96
                                                                            143
                                                                            617
                                                                            941
                                                                            801
                                                                            617
                                                                            941
                                                                            779
                                                                           0.2%
                                       3
Arizona*
                                                                            210
                                                                            511
                                                                            770
                                                                          1,774
                                                                          1,774
                                                                          1,774
                                                                          1,774
                                                                          1,774
                                                                          1,774
                                                                           0.5%
                                       4
Arkansas
                                                                            123
                                                                            256
                                                                            318
                                                                          1,646
                                                                          2,093
                                                                          3,650
                                                                          1,646
                                                                          3,650
                                                                          2,648
                                                                           0.7%
                                       5
California*
                                                                          1,223
                                                                          5,915
                                                                          5,915
                                                                         21,000
                                                                         21,000
                                                                         21,000
                                                                         21,000
                                                                         21,000
                                                                         21,000
                                                                           5.5%
                                       6
Colorado
                                                                            107
                                                                            434
                                                                            482
                                                                          2,791
                                                                          3,172
                                                                          3,175
                                                                          2,791
                                                                          3,175
                                                                          2,983
                                                                           0.8%
                                       7
Connecticut
                                                                            278
                                                                            756
                                                                          1,092
                                                                          4,862
                                                                          7,186
                                                                          8,249
                                                                          4,862
                                                                          8,249
                                                                          6,555
                                                                           1.7%
                                       8
Delaware
                                                                             49
                                                                            155
                                                                            218
                                                                            997
                                                                          1,435
                                                                          1,454
                                                                            997
                                                                          1,454
                                                                          1,225
                                                                           0.3%
                                       9
District of Columbia
                                                                             23
                                                                             36
                                                                             74
                                                                            232
                                                                            487
                                                                            682
                                                                            232
                                                                            682
                                                                            457
                                                                           0.1%
                                      10
Florida*
                                                                            279
                                                                          3,800
                                                                          3,800
                                                                         19,350
                                                                         19,350
                                                                         19,350
                                                                         19,350
                                                                         19,350
                                                                         19,350
                                                                           5.1%
                                      11
Georgia
                                                                            334
                                                                            900
                                                                          1,288
                                                                          5,788
                                                                          8,476
                                                                          9,911
                                                                          5,788
                                                                          9,911
                                                                          7,849
                                                                           2.1%
                                      12
Guam
                                                                              8
                                                                              3
                                                                              8
                                                                             19
                                                                             53
                                                                            237
                                                                             19
                                                                            237
                                                                            128
                                                                           0.0%
                                      13
Hawaii*
                                                                             31
                                                                            122
                                                                            165
                                                                            692
                                                                            692
                                                                            692
                                                                            692
                                                                            692
                                                                            692
                                                                           0.2%
                                      14
Idaho
                                                                             19
                                                                             79
                                                                             89
                                                                            508
                                                                            586
                                                                            564
                                                                            508
                                                                            586
                                                                            547
                                                                           0.1%
                                      15
Illinois
                                                                            641
                                                                          2,958
                                                                          4,897
                                                                         19,022
                                                                         32,226
                                                                         19,021
                                                                         19,021
                                                                         32,226
                                                                         25,623
                                                                           6.7%
                                      16
Indiana
                                                                            503
                                                                            790
                                                                          1,156
                                                                          5,080
                                                                          7,607
                                                                         14,926
                                                                          5,080
                                                                         14,926
                                                                         10,003
                                                                           2.6%
                                      17
Iowa
                                                                            128
                                                                            471
                                                                            675
                                                                          3,029
                                                                          4,442
                                                                          3,798
                                                                          3,029
                                                                          4,442
                                                                          3,735
                                                                           1.0%
                                      18
Kansas
                                                                            170
                                                                            480
                                                                            680
                                                                          3,087
                                                                          4,475
                                                                          5,045
                                                                          3,087
                                                                          5,045
                                                                          4,066
                                                                           1.1%
                                      19
Kentucky
                                                                            269
                                                                            355
                                                                            469
                                                                          2,283
                                                                          3,086
                                                                          7,982
                                                                          2,283
                                                                          7,982
                                                                          5,133
                                                                           1.3%
                                      20
Louisiana
                                                                            331
                                                                            705
                                                                          1,068
                                                                          4,534
                                                                          7,028
                                                                          9,822
                                                                          4,534
                                                                          9,822
                                                                          7,178
                                                                           1.9%
                                      21
Maine*
                                                                             52
                                                                            304
                                                                            304
                                                                            949
                                                                            949
                                                                            949
                                                                            949
                                                                            949
                                                                            949
                                                                           0.2%
                                      22
Maryland
                                                                            132
                                                                            974
                                                                          1,780
                                                                          6,264
                                                                         11,714
                                                                          3,917
                                                                          3,917
                                                                         11,714
                                                                          7,815
                                                                           2.1%
                                      23
Massachusetts*
                                                                            402
                                                                          2,683
                                                                          2,683
                                                                         12,559
                                                                         12,559
                                                                         12,559
                                                                         12,559
                                                                         12,559
                                                                         12,559
                                                                           3.3%
                                      24
Michigan
                                                                            342
                                                                          1,486
                                                                          2,194
                                                                          9,556
                                                                         14,438
                                                                         10,148
                                                                          9,556
                                                                         14,438
                                                                         11,997
                                                                           3.1%
                                      25
Minnesota*
                                                                            320
                                                                          1,366
                                                                          1,366
                                                                         21,743
                                                                         21,743
                                                                         21,743
                                                                         21,743
                                                                         21,743
                                                                         21,743
                                                                           5.7%
                                      26
Mississippi
                                                                            128
                                                                            210
                                                                            286
                                                                          1,350
                                                                          1,882
                                                                          3,798
                                                                          1,350
                                                                          3,798
                                                                          2,574
                                                                           0.7%
                                      27
Missouri
                                                                            282
                                                                          1,279
                                                                          1,727
                                                                          8,225
                                                                         11,365
                                                                          8,368
                                                                          8,225
                                                                         11,365
                                                                          9,795
                                                                           2.6%
                                      28
Montana
                                                                             41
                                                                             55
                                                                             77
                                                                            354
                                                                            507
                                                                          1,217
                                                                            354
                                                                          1,217
                                                                            785
                                                                           0.2%
                                      29
Navajo Nation
                                                                              1
                                                                              6
                                                                              6
                                                                             39
                                                                             39
                                                                             30
                                                                             30
                                                                             39
                                                                             35
                                                                           0.0%
                                      30
Nebraska
                                                                             64
                                                                            226
                                                                            273
                                                                          1,453
                                                                          1,797
                                                                          1,899
                                                                          1,453
                                                                          1,899
                                                                          1,676
                                                                           0.4%
                                      31
Nevada*
                                                                             68
                                                                            196
                                                                            280
                                                                          3,187
                                                                          3,187
                                                                          3,187
                                                                          3,187
                                                                          3,187
                                                                          3,187
                                                                           0.8%
                                      32
New Hampshire*
                                                                            100
                                                                            201
                                                                            201
                                                                          1,818
                                                                          1,818
                                                                          1,818
                                                                          1,818
                                                                          1,818
                                                                          1,818
                                                                           0.5%
                                      33
New Jersey*
                                                                            575
                                                                            850
                                                                            850
                                                                          9,000
                                                                          9,000
                                                                          9,000
                                                                          9,000
                                                                          9,000
                                                                          9,000
                                                                           2.4%
                                      34
New Mexico
                                                                             39
                                                                            156
                                                                            236
                                                                          1,003
                                                                          1,553
                                                                          1,157
                                                                          1,003
                                                                          1,553
                                                                          1,278
                                                                           0.3%
                                      35
New York
                                                                          1,471
                                                                          1,983
                                                                          3,255
                                                                         12,752
                                                                         21,420
                                                                         43,650
                                                                         12,752
                                                                         43,650
                                                                         28,201
                                                                           7.4%
                                      36
North Carolina
                                                                            437
                                                                          1,169
                                                                          1,786
                                                                          7,518
                                                                         11,753
                                                                         12,967
                                                                          7,518
                                                                         12,967
                                                                         10,243
                                                                           2.7%
                                      37
North Dakota
                                                                             19
                                                                             62
                                                                             78
                                                                            399
                                                                            513
                                                                            564
                                                                            399
                                                                            564
                                                                            481
                                                                           0.1%
                                      38
Ohio
                                                                            716
                                                                          2,041
                                                                          3,240
                                                                         13,125
                                                                         21,322
                                                                         21,246
                                                                         13,125
                                                                         21,322
                                                                         17,223
                                                                           4.5%
                                      39
Oklahoma
                                                                            179
                                                                            379
                                                                            502
                                                                          2,437
                                                                          3,304
                                                                          5,312
                                                                          2,437
                                                                          5,312
                                                                          3,874
                                                                           1.0%
                                      40
Oregon
                                                                            181
                                                                            235
                                                                            285
                                                                          1,511
                                                                          1,876
                                                                          5,371
                                                                          1,511
                                                                          5,371
                                                                          3,441
                                                                           0.9%
                                      41
Pennsylvania
                                                                            671
                                                                          2,721
                                                                          4,293
                                                                         17,498
                                                                         28,251
                                                                         19,911
                                                                         17,498
                                                                         28,251
                                                                         22,875
                                                                           6.0%
                                      42
Puerto Rico
                                                                             80
                                                                             96
                                                                            115
                                                                            617
                                                                            757
                                                                          2,374
                                                                            617
                                                                          2,374
                                                                          1,496
                                                                           0.4%
                                      43
Rhode Island*
                                                                             65
                                                                            700
                                                                            700
                                                                          2,100
                                                                          2,100
                                                                          2,100
                                                                          2,100
                                                                          2,100
                                                                          2,100
                                                                           0.6%
                                      44
South Carolina
                                                                            257
                                                                            485
                                                                            722
                                                                          3,119
                                                                          4,751
                                                                          7,626
                                                                          3,119
                                                                          7,626
                                                                          5,373
                                                                           1.4%
                                      45
South Dakota
                                                                             33
                                                                            182
                                                                            256
                                                                          1,170
                                                                          1,685
                                                                            979
                                                                            979
                                                                          1,685
                                                                          1,332
                                                                           0.3%
                                      46
Tennessee
                                                                            334
                                                                            442
                                                                            710
                                                                          2,842
                                                                          4,672
                                                                          9,911
                                                                          2,842
                                                                          9,911
                                                                          6,377
                                                                           1.7%
                                      47
Texas
                                                                          1,006
                                                                          1,471
                                                                          2,164
                                                                          9,460
                                                                         14,241
                                                                         29,852
                                                                          9,460
                                                                         29,852
                                                                         19,656
                                                                           5.2%
                                      48
Trust Territories
                                                                              1
                                                                              3
                                                                              5
                                                                             19
                                                                             33
                                                                             30
                                                                             19
                                                                             33
                                                                             26
                                                                           0.0%
                                      49
Utah
                                                                            111
                                                                            174
                                                                            205
                                                                          1,119
                                                                          1,349
                                                                          3,294
                                                                          1,119
                                                                          3,294
                                                                          2,206
                                                                           0.6%
                                      50
Vermont
                                                                             39
                                                                            185
                                                                            250
                                                                          1,190
                                                                          1,645
                                                                          1,157
                                                                          1,157
                                                                          1,645
                                                                          1,401
                                                                           0.4%
                                      51
Virgin Islands
                                                                              2
                                                                              6
                                                                              5
                                                                             39
                                                                             33
                                                                             59
                                                                             33
                                                                             59
                                                                             46
                                                                           0.0%
                                      52
Virginia
                                                                            219
                                                                          1,274
                                                                          2,029
                                                                          8,193
                                                                         13,352
                                                                          6,499
                                                                          6,499
                                                                         13,352
                                                                          9,925
                                                                           2.6%
                                      53
Washington*
                                                                            412
                                                                            532
                                                                            604
                                                                         22,315
                                                                         22,315
                                                                         22,315
                                                                         22,315
                                                                         22,315
                                                                         22,315
                                                                           5.9%
                                      54
West Virginia
                                                                             98
                                                                            280
                                                                            376
                                                                          1,801
                                                                          2,474
                                                                          2,908
                                                                          1,801
                                                                          2,908
                                                                          2,354
                                                                           0.6%
                                      55
Wisconsin*
                                                                            394
                                                                          1,227
                                                                          1,227
                                                                          9,323
                                                                          9,323
                                                                          9,323
                                                                          9,323
                                                                          9,323
                                                                          9,323
                                                                           2.4%
                                      56
Wyoming
                                                                             15
                                                                             75
                                                                             99
                                                                            482
                                                                            651
                                                                            445
                                                                            445
                                                                            651
                                                                            548
                                                                           0.1%
                                                                        Totals:
                                                                         14,262
                                                                         45,762
                                                                         59,702
                                                                        297,229
                                                                        389,870
                                                                        423,209
                                                                        292,911
                                                                        469,380
                                                                        381,145
                                                                           100%
* Actual counts of CESQGs within these states are available in Exhibit 2-7 and are not extrapolated.

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

Only one state, Arkansas, requires CESQGs to manifest shipments of hazardous waste. Correspondingly, the universe of CESQGs assumed to be affected by the manifest rule is thus 2,039, reflecting the assumption that, 77 percent of the 2,648 CESQGs in Arkansas as shown in Exhibit 2-8 (or 2,039 CESQGs), are shipping hazardous waste off-site and must manifest.

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

<IP_ADDRESS> Generators and Receivers of State Hazardous Wastes

The previous sections on generators have examined facilities that generate and ship hazardous waste as defined in the federal RCRA regulations. Most states have been delegated authority to enforce RCRA as well as to add additional requirements unique to the state. Some states have elected to list additional wastes as hazardous, necessitating a manifest whenever these state hazardous wastes are shipped offsite. As the e-Manifest system will be the exclusive terminus for all hazardous waste manifests, it will accept manifests accompanying shipments of state hazardous wastes. As a result, the facilities that generate these state hazardous wastes must be counted as a part of the affected universe for this rulemaking.
To determine the universe of state hazardous waste generators, this RIA first examined state RCRA requirements to determine which states had listed additional wastes as hazardous. Of the states, 19 have listed additional wastes as state hazardous wastes. These 19 states are listed in Exhibit 2-9.

As there is little information on the counts of state hazardous waste generators, this RIA makes the simplifying assumption that the count of state hazardous waste generators is equal to the count of CESQGs in a state. Exhibit 2-9 displays the estimated count of state waste generators in each of these 19 states, as seen in Column J of Exhibit 2-8. As applied to CESQG shippers above, this RIA assumes that 77 percent of CESQGs ship hazardous waste off-site. This proportion is applied to yield an estimate of the state hazardous waste generators in each of the 19 states. Overall, this RIA estimates 145,522 generators who ship state hazardous wastes offsite for treatment will be affected by the final rule.

In addition to the generators of state hazardous waste considered part of the affected universe for this rulemaking, the rule also requires receivers of state hazardous wastes to register and obtain an EPA ID number as a requirement of participating in manifest submission following implementation of the e-Manifest system. Note that TSDFs under the federal RCRA program already have an EPA ID number, and thus are not subject to this requirement.

The number of receivers of state hazardous wastes is not tracked on a national basis. However, due to the minimal cost associated with this requirement, as described in Chapter 5, the number of state hazardous waste receivers does not have a substantial impact on the costs and cost savings estimated in this RIA. Therefore, this RIA makes the simplifying assumption that the ratio of state hazardous waste receivers to state hazardous waste generators is equal to the ratio of federal hazardous waste receivers, i.e., receiver TSDFs, to the ratio of federal hazardous waste shippers, i.e., LQG, TSDF, and SQG shippers. In other words, there are 420 federal receiver TSDFs (Exhibit 2-1), and a total of 54,750 federal hazardous waste shippers (19,334 LQG shippers and 86 TSDF shippers from Exhibit 2-3, and 35,330 SQG shippers from Exhibit 2-6), yielding a ratio of approximately 0.008 receivers per shipper. Applying this ratio to the 145,522 state hazardous waste generators in Exhibit 2-9 yields an estimate of approximately 1,117 state receivers of hazardous waste. This result may be an overestimate or underestimate, depending on the quantity of state hazardous waste receivers in the 19 states detailed in Exhibit 2-9, but the results of this RIA do not vary substantially with alterations to this estimate, except in unlikely, extreme cases wherein the number of state receivers of hazardous waste deviate from this estimate by a factor of five or more (i.e., instances where the total number of state receivers of hazardous waste exceeds approximately 6,100).

                                  Exhibit 2-9
Estimated Counts of State Hazardous Waste Generators Affected by the Final Rule
                                     Item
                                       A
                                       B
                                       C

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

<IP_ADDRESS> SQGs Shipping Under Reclamation Agreements

As described in Section <IP_ADDRESS>, not all SQG shippers are required to manifest, because SQG-generated hazardous waste that is shipped off-site for reclamation and recovery is exempt from manifest requirements under the federal RCRA program. However, as described in Section 2.2, six states (Connecticut, Delaware, Kentucky, Maryland, Minnesota, and New Hampshire) require manifests for these shipments despite the federal exemption. Correspondingly, this RIA estimates the count of SQGs that must manifest due these state-specific requirements as part of the affected universe for the final rule. This RIA estimates the entity counts associated with these BFRA manifest requirements by simply adding back in the 10 percent of SQGs omitted from these six states in Section <IP_ADDRESS> as SQGs who ship their waste but do not provide accompanying manifests. Exhibit 2-10 summarizes the estimated entity counts across these six states. Overall, this RIA estimates 447 SQGs that manifest due to these state-specific BFRA manifest requirements.

                                 Exhibit 2-10
      Estimated Counts of SQGs who Manifest for Waste Shipped under BFRAs
                                     Item
                                       A
                                       B
                                       C

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

2.1.3 Transporters

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

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

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

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

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

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

To adjust the 1992 and 1997 data from DoT surveys to reflect 2012, the corresponding scaling factors are approximately 1.08 for 1992-sourced data (i.e., the 1996 study) and approximately 1.18 for 1997-sourced data (i.e. the 2001 study). Note that while the remainder of this chapter uses data from, or based on, the 2015 Biennial Report cycle, the Economic Census is available only in five-year increments and the 2012 Economic Census represents the closest data source both to present day and the 2015 Biennial Report.

The total count of hazardous waste hauling trucks per the 1996 and 2001 studies is 8,734. Exhibit 2-11 displays the counts of affected trucks by truck type and waste type, and shows the application of scaling factors derived above to these estimates. The total count of hazardous waste hauling trucks affected by the final rule is estimated to be 9,947 in 2012.

                                 Exhibit 2-11
                   Counts of Hazardous Waste Hauling Trucks
                                  Truck Type
                                    2-
axle
                                    3-axle
                                    4-axle
                                      2+2
                                     2-S1
                                     2-S2
                                     3-S1
                           Truck + Trailer @ 5-axle
                                     3-S2
                           Tridem Axle Semi-trailer
                                    4S1/ S2
                                     Total
                        EPA Manifested Hazardous Waste
Truck Counts (1992/1997 data)
                                     1,097
                                      454
                                      15
                                      105
                                      24
                                      99
                                      22
                                       0
                                     3,743
                                      724
                                      175
                                     6,458
Truck Counts (2012 estimate)
                                     1,182
                                      489
                                      16
                                      113
                                      26
                                      107
                                      24
                                       0
                                     4,414
                                      854
                                      206
                                     7,431
Percent
                                     17.0%
                                     7.0%
                                     0.2%
                                     1.6%
                                     0.4%
                                     1.5%
                                     0.3%
                                     0.0%
                                     58.0%
                                     11.2%
                                     2.7%
                                    100.0%
                      Non-EPA Manifested Hazardous Waste
Truck Counts (1992/1997 data)
                                                                          1,202
                                                                            168
                                                                              0
                                                                            105
                                                                              0
                                                                            174
                                                                              0
                                                                             24
                                                                            525
                                                                             78
                                                                              0
                                                                          2,276
Truck Counts (2012 estimate)
                                                                          1,295
                                                                            181
                                                                              0
                                                                            113
                                                                              0
                                                                            187
                                                                              0
                                                                             28
                                                                            619
                                                                             92
                                                                              0
                                                                          2,516
Percent
                                                                          52.8%
                                                                           7.4%
                                                                           0.0%
                                                                           4.6%
                                                                           0.0%
                                                                           7.6%
                                                                           0.0%
                                                                           1.1%
                                                                          23.1%
                                                                           3.4%
                                                                           0.0%
                                                                         100.0%
                                    Totals
Truck Counts (1992/1997 data)
                                                                          2,299
                                                                            622
                                                                             15
                                                                            210
                                                                             24
                                                                            273
                                                                             22
                                                                             24
                                                                          4,268
                                                                            802
                                                                            175
                                                                          8,734
Truck Counts (2012 estimate)
                                                                          2,477
                                                                            670
                                                                             16
                                                                            226
                                                                             26
                                                                            294
                                                                             24
                                                                             28
                                                                          5,034
                                                                            946
                                                                            206
                                                                          9,947
Percent
                                                                          26.3%
                                                                           7.1%
                                                                           0.2%
                                                                           2.4%
                                                                           0.3%
                                                                           3.1%
                                                                           0.3%
                                                                           0.3%
                                                                          48.9%
                                                                           9.2%
                                                                           2.0%
                                                                         100.0%
Source: Department of Transportation Vehicle Inventory and Use Surveys. Available at:
1996 report (1992 data)- https://www.fhwa.dot.gov/reports/tswstudy/rpt6_mai.pdf - provides 2-axle, 3-axle, 4-axle, 2+2, 2-S1, 2-S2, and 3-S1 truck counts.
2001 report (1997 data) - http://www.fhwa.dot.gov/reports/tswstudy/vius97.pdf - provides truck + trailer @ 5-axle, 3-S2, tride axle semi-trailer, and 4S1/S2 truck counts.
2012 estimates derived via scaling based on employee counts in hazardous waste trucking industries across the 1992, 1997, and 2012 Economic Censuses. Totals may not sum due to rounding.

2.2 State Governments Potentially Affected by e-Manifest

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

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

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

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

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

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

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

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

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

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

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

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

 Does the state require manifests for wastes shipped by CESQGs?

According to the data in ENVCAP and summarized in Exhibit 2-12, 19 states list at least one additional state hazardous waste that is not listed federally. Six states also require manifests for shipments made under a BFRA. Finally, one state requires manifests for CESQGs. As seen in the table below, three states have both state hazardous wastes and requirements for manifests accompanying wastes transported under a BFRA. For further discussion of state programs, including the additional state wastes in each state, see Appendix B.

                                 Exhibit 2-12
                   States Which Require Additional Manifests
                     Manifests for State Hazardous Wastes
                   Manifests for Shipments Made under BFRAs
                             Manifests for CESQGS
CA, CO, IL, IN, KY, LA, ME, MD, MI, MO, NH, NY, OR, RI, SC, TX, UT, VT, WA
CT, DE, KY, MD, MN, NH
AR
Source: State program data taken from www.envcap.org/statetools/ (Accessed April 2015)

Exhibit 2-13 summarizes the states with additional RCRA requirements that will affect the e-Manifest system and program. Each column pertains to one of the 6 areas in which state programs differ from the federal RCRA program. A designation of "same" indicates that that state does not differ from the federal RCRA program, "differs" indicates that it does, and "-" indicates that that state is not authorized to implement or enforce RCRA and therefore does not differ from the federal program. In all, 33 states have RCRA programs that are more stringent than the federal RCRA program.

                                 Exhibit 2-13
             Differences Between National and State RCRA Programs
                                     Item
                                       A
                                       B
                                       C
                                       D
                                       E
                                       F
                                       G

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

In addition, as noted in Section <IP_ADDRESS>, receivers of state hazardous wastes without EPA ID numbers will each need to acquire an EPA ID number to continue to submit manifests following implementation of the e-Manifest system, regardless of the manifest type each entity submits. This RIA assumes that following current practice, state programs in the 19 states in the left column of Exhibit 2-13 with state hazardous waste will perform the activities necessary to register receivers of state hazardous wastes and provide them with EPA ID numbers, as necessary. This requirement applies only to these 19 states, and therefore does not change the estimate of 33 state governments affected by the rule.

2.3 Summary of Potentially Affected Entities

This section summarizes the counts of affected industrial entities and states. In all 200,096 industrial entities and 33 state governments are estimated to be affected by the e-Manifest rule. Exhibit 2-14 displays these counts.

                                 Exhibit 2-14
                   Summary of Universe of Affected Entities
                                     Item
                                       A
                                       B
                                       C

                                  Entity Type
                                Number affected
                               Source and Notes
                                       1
LQG Shippers and non-LQG TSDF Shippers[a]
                                                                         19,420
2015 RCRA Biennial Report data
                                       2
SQG Shippers (who manifest)
                                                                         35,330
Exhibit 2-6, based on calculations from EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA.
                                       3
CESQG Shippers (who manifest)
                                                                          2,039
Section <IP_ADDRESS>, based on calculations from EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA and that only Arkansas requires CESQGs to manifest
                                       4
State Waste Shippers (who manifest)
                                                                        145,522
Exhibit 2-9, based on calculations from EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA and states with additional wastes which require manifests for shipment
                                       5
SQGs Shipping under BRFAs (who manifest)
                                                                            447
Exhibit 2-10, based on calculations from EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA.and states requiring manifests for BFRA shipments.
                                       6
Industry Subtotal  - Shippers who Manifest
                                                                        202,758

                                       7
Receiver TSDFs*
                                                                            420
2015 RCRA Biennial Report data
                                       8
Receivers of state waste
                                                                          1,117
Section <IP_ADDRESS>, based on applying the ratio of receiver TSDFs (Row 7) to LQG, TSDF, and SQG shippers (Row 1 plus Row 2) to the count of state waste shippers (Row 4).
                                       9
Industry Subtotal  - Shippers and Receivers who Manifest
                                                                        204,295

                                      10
Transporters (Trucks)
                                                                          9,947
Exhibit 2-11, based on 1996 and 2001 DoT Truck Use Surveys based on 1992 and 1997 data, scaled to estimate 2012 truck counts
                                      11
Industry Total
                                                                        214,242

                                      12
State Governments
                                                                             33
ENVCAP data
[a] In 2015 Biennial Report data, 384 facilities classified as LQGs were also shipper facilities as well as receiver TSDFs. Therefore, the subtotal and total in Rows 8 and 10, respectively, may overstate the total number of industry entities affected. However, any non-LQG TSDF shipper would be affected by the final rule via requirements that specifically correspond to shippers of waste, while receiver TSDFs would be affected by the rule's requirements that specifically correspond to receivers of waste. Therefore, even though the total number of entities affected may be overstated, the subtotal and totals in this exhibit accurately portray the number of entity-instances estimated to be affected by the rule, as TSDFs that function as both non-LQG shippers and receivers of waste will be impacted by two different sets of requirements associated with the rule.

                                   Chapter 3
                      Count of Hazardous Waste Manifests

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

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

Specifically, EPA is proposing to establish per manifest user fees that allocate the total annual costs of developing, managing, and supporting the e-Manifest system across the number of manifests handled by the system each year. Likewise, the analyses of baseline costs and system cost savings in this RIA both begin by estimating the per-manifest burden of complying with the manifest regulations, and then scale these estimates up to estimate costs and benefits nationally. Because the annual count of manifests fluctuates from year to year based on the national level of economic activity, the analysis in this RIA considers a number of sources based on 2015 data to estimate and project a "typical" annual count of manifests.

3.1 Prior Estimates of Manifests

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

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

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

3.2 Current Estimate of Manifests

To develop an up-to-date annual count of manifests for the final rule, this RIA extrapolates a manifest count from hazardous waste generation and shipping data provided within the 2015 RCRA Biennial Report. Then, in order to validate this estimate, this RIA considers additional methods and data sources. Specifically, this section validates the extrapolated estimate of manifests by examining industry surveys of TSDFs and paper manifest printers.

3.2.1 Extrapolated Estimate of Manifests Based on 2015 RCRA Biennial Report Data

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

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

To estimate the number of manifests generated by the facilities in the universe, this RIA begins with 2015 RCRA Biennial Report data that provide facility-level tonnages of hazardous waste generation as well as shipments. Additionally, this RIA assumes that hazardous waste shipping trucks have a maximum capacity of 30 tons. Based on these two key data inputs, this analysis uses waste tonnage data from the 2015 RCRA Biennial Report to estimate a count of manifests used by LQGs and non-LQG TSDF shippers, for whom the most waste data is available via the Biennial Report. This methodology is then applied, in a simplified manner, to other entities: SQGs and state hazardous waste shippers.

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

To estimate the annual count of manifests used by LQGs and non-LQG TSDF shippers, this RIA identified all generating facilities reporting to the 2015 RCRA Biennial Report as LQGs and non-LQG TSDF shippers. This process excludes entities not required to submit data to the Biennial Report (e.g., SQGs and CESQGs, for which data is incomplete), as well as those that generate hazardous waste but do not ship waste off-site. (Only approximately 20 percent of hazardous waste tonnage is shipped off-site per the 2015 RCRA Biennial Report data.)

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

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

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

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

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

For example, a generator shipping 200 tons of waste in 2015 was estimated to require 52 manifests if served on a weekly basis (3.8 tons picked up every week for 52 weeks), 12 manifests if serviced on a monthly basis (16.7 tons picked up every month), or eight manifests if serviced on a quarterly basis (50 tons picked up every quarter, requiring two trucks each quarter). Generally, shippers that send less than 240 tons off-site in a year (approximately 92 percent of all generators and shippers) require 52, 12, or four manifests if pickups are assumed to occur on a weekly, monthly, or quarterly basis, respectively. This is because multiple trucks are not required per pickup to service the loads from these generators. However, shippers that send larger tonnages require multiple trucks per pickup to service their loads, and correspondingly require larger numbers of manifests. The frequency of pickups does not substantially alter the number of trucks required to service these shippers, because each pickup will require multiple trucks.

To obtain a national count of manifests, this RIA then summed the number of manifests estimated across all LQG and non-LQG TSDF shippers. Exhibit 3-2 displays the results from the calculations described above.

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

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

                                  Exhibit 3-2
Estimate of Average Annual Count of Manifests from LQGs and Non-LQG TSDF Shippers
                                       A
                                       B
                                     Item
                      Manifest Counts (All BR Facilities)
                                       1
LQG/TSDF Weekly
                                   1,107,080
                                       2
LQG/TSDF Monthly
                                    406,428
                                       3
LQG/TSDF Quarterly
                                    273,360
Note: Per 2015 RCRA Biennial Report data, 26,270 entities shipped a total of 6,641,023 tons off-site. Of these, 19,420 were LQGs or TSDFs. The rest were SQGs or CESQGs, for which manifests are estimated separately.

Exhibit 3-3 below contains a summary of the estimate of SQG, state hazardous waste, and SQG shippers operating under reclamation agreements. Rows 1-3 contain the facility counts and manifest estimates for each of these three facility types. Column B contains the facility counts for each category of shipper, and column C contains average annual manifest estimates for each category under the three shipping scenarios.

                                  Exhibit 3-3
Estimate of Average Annual Count of Manifests from SQGs, State Hazardous Waste Shippers, and Federally Exempt Waste Facilities
                                     Item
                                       A
                                       B
                                       C

                               Shipper Category
                            Shipper Facility Counts
                                Manifest Counts

                                Weekly Shipping
                                   (B x 52)
                               Monthly Shipping
                                   (B x 12)
                              Quarterly Shipping
                                    (B x 4)
                                       1
SQGs
                                                                         35,330
                                                                      1,837,183
                                                                        423,965
                                                                        141,322
                                       2
State Hazardous Wastea
                                                                        148,008
                                                                      7,696,398
                                                                      1,776,092
                                                                        592,031
                                       3
Federally Exempt SQGs  -  reclamation agreements (non-manifesters)[b]
                                                                          4,827
                                                                        250,981
                                                                         57,919
                                                                         19,306
                                       4
                                                                          Total
                                                                        188,165
                                                                      9,533,581
                                                                      2,200,057
                                                                        733,352
a Consists of 145,522 state waste shippers plus 2,039 CESQG shippers required to manifest per state-specific requirements plus 447 SQG shippers operating under bona-fide reclamation agreements not exempt from federal manifest requirements due to state-specific regulations. See Chapter 2 and Exhibits 2-14 and 2-15 for additional information.
b This category pertains to a class of SQG facilities who are exempt from manifest because their shipments of hazardous waste are covered under reclamation agreements. Note that within six States, State-specific regulations require even these shippers to conduct manifest activities; these facilities are included as State Hazardous Waste shippers in Row 2 due to these manifest requirements. It is not included in the manifest count in the total row, because manifests are not required for these facilities and their shipments.

The total number of manifests under each shipping scenario is equal to the sum of the totals from Exhibits 3-2 and 3-3.

 The total annual count of manifests under the weekly shipping scenario is 10,640,661.
 The total annual count of manifests under the monthly shipping scenario is 2,606,473.
 The total annual count of manifests under the quarterly shipping scenario is 1,006,031.

There exists insufficient information to determine the shipment and pickup schedules under which generators and transporters of hazardous waste function. The majority of manifests correspond to shipments from SQGs and generators of state hazardous waste. This is not surprising as the entity counts for these facility classes greatly exceed the number of LQGs and non-LQG TSDF currently shipping waste off-site. However, this RIA assumes that LQGs and non-LQG TSDFs ship waste on a weekly pickup schedule, an intuitive assumption as bigger generators generating more waste will be more likely to require more frequent pickups. As a conservative (high-cost) assumption, this RIA also assumes that SQGs and state hazardous waste generators ship waste on a monthly pickup schedule, as they generate relatively less waste than LQG and non-LQG TSDFs. Additionally, it is likely that different SQGs ship wastes under all three shipping scenarios; the monthly scenario represents an average of the three scenarios. Based on these assumptions, this RIA estimates 1,107,080 manifests from LQGs and non-LQG TSDF shippers (see the highlighted figure in Exhibit 3-2) and 2,200,057 manifests from SQGs and state hazardous waste generators (see the highlighted figure in Exhibit 3-3), for a total of 3,307,137 manifests generated annually. Of these 3,307,137 manifests, 1,531,045 manifests are federal manifests (LQG, non-LQG TSDF shipper, and SQG-originated manifests), while the remaining 1,776,092 manifests are state manifests (state hazardous waste manifests from Exhibit 3-3).

This RIA's estimate of 3.3 million annual manifests falls within the range of manifests estimated in the 2005 Revisions to the RCRA Hazardous Waste Manifest Form final rule. Chapter 6 includes an evaluation of additional scenarios under alternate annual counts of manifests.

3.2.2 Estimate of Manifests based on Industry Responses
This section attempts to validate or benchmark the estimate of approximately 3.3 million annual manifests using two surveys of hazardous waste management industry participants.

<IP_ADDRESS> Manifest Estimate from TSDF Responses

In an effort to confirm or refine the estimate of the number of manifests based on Biennial Report tonnages and facility populations, EPA asked nine of the largest TSDF companies to report the number of manifests they used annually for the past three years. In response to the survey, six firms provided counts of the manifests they used, displayed in Rows 1 through 6 and Columns B through D in Exhibit 3-4. Additional information on this survey and TSDF companies' responses is available in Appendix C.

To derive a national estimate of manifests from this sample, EPA scaled the responses using market concentration ratios from the 2007 Economic Census. Market concentration ratios indicate the percentage of total sales, receipts, or revenue of an industry that accrue to a given number of firms in a specified six-digit NAICS code. The concentration ratio for NAICS 562211, hazardous waste treatment and disposal, was 44.6 percent for the four largest firms in the industry, and 59.2 percent for the eight largest firms in 2007, the most recent year available. Assuming that market concentration scales perfectly with manifest use (i.e., companies making up 50 percent market concentration use 50 percent of manifests) and that the six firms that reported to the survey represent a market concentration between that of the top four and the top eight in the industry, a range of average annual manifest use can be extrapolated. Under these assumptions, the national total count of manifests may be between 1.3 million and 1.8 million manifests per year.

                                  Exhibit 3-4
  Reported Manifest Usage by 6 TSDF Companies for the Years 2011 through 2013
                                     Item
                                       A
                                       B
                                       C
                                       D

                                    Company
                                  Count 2013
                                  Count 2012
                                  Count 2011
                                       1
Veolia
                                                                        100,000
                                                                        100,000
                                                                        100,000
                                       2
Tradebe
                                                                         45,000
                                                                         46,000
                                                                         45,000
                                       3
Clean Harbors Environmental Services
                                                                        561,761
                                                                        569,507
                                                                        572,290
                                       4
Ross Environmental Services, Inc.
                                                                         14,448
                                                                         13,592
                                                                         12,782
                                       5
Heritage Environmental Services
                                                                         50,200
                                                                         42,700
                                                                         49,700
                                       6
Systech Environmental Corporation
                                                                         21,470
                                                                         22,982
                                                                         19,629
                                       7
                                                                          Total
                                                                        792,879
                                                                        794,781
                                                                        799,401
                                       8
National Total Using 4-Firm Concentration Ratio (44.6%)
                                                                      1,777,756
                                                                      1,782,020
                                                                      1,792,379
                                       9
National Total using 8-Firm Concentration Ratio (59.2%)
                                                                      1,339,323
                                                                      1,342,535
                                                                      1,350,340