3,160
                                     5,291
                                       2
Assume captured in item 1 above
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                       3
Assume captured in item 1 above
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                       4
322110 pulp mills
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                       5
325188 other basic inorganic chem mfg
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                       6
Assume captured in item 1 above
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                       7
321114 wood preservation
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                       8
324199 coke oven products
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                       9
331111 iron & steel manufacturing
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                      10
324110 petroleum refineries
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                      11
562920 materials recovery facilities
                                       7
                                       2
                                       7
                                       4
                                       3
                                      12
Assume captured in item 11 above
                                  In item 11
                                  In item 11
                                  In item 11
                                  In item 11
                                  In item 11
                                      13
2122 minerals mining
                                      14
                                      31
                                      34
                                       7
                                      27
                                      14
32519 organic chemical mfg
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                      15
Assume captured in item 1 above
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                      16
Assume captured in item 1 above
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                   In item 1
                                                Non-duplicative column totals =
                                     1,987
                                     7,371
                                     8,492
                                     3,171
                                     5,321
Note:
* 2007 is selected for this data analysis because 2007 corresponds to both the Toxics Release Inventory (TRI) and the RCRA Biennial Report (BR) databases.
3C.	Annual Rate of Future Adoption of the 2008 DSW Exclusions

      3C.1	"Base Case" Adoption Scenario (2008 DSW final rule future baseline)

The baseline for this RIA to evaluate the incremental effect of the 2011 proposed revisions to the DSW exclusions, must reflect the regulatory exclusions established under the 2008 DSW final rule, which (all else equal) would reduce the future annual tonnages of hazardous waste to become excluded under the DSW recycling exclusions, relative to the quantities reported in the 2007 BR.  To incorporate this effect into the baseline for the 2011 DSW proposed rule, this RIA used exclusion notification data for the 2008 DSW final rule to estimate the number of facilities expected to use the 2008 DSW exclusions during each year in the 50-year period-of-analysis (2015 to 2064) applied in this RIA.

Under EPA's 2008 DSW final rule, facilities are required to notify their regulatory authority prior to managing hazardous secondary materials under the DSW rule and every other year thereafter.  Data published by EPA indicate that, as of April 26, 2011, 49 facilities had submitted notifications to EPA claiming either onsite recycling exclusions, same-company transfer exclusions, and/or offsite transfer exclusions.  The 49 facilities that claimed one or more of the 2008 DSW exclusions are located in the four states and territories that have adopted the 2008 DSW final rule (i.e., IA, NJ, PA, VI).  The count of facilities that have submitted a DSW recycling exclusion notification by state is as follows:

   1. Iowa 			16 facilities
   2. New Jersey 		12 facilities
   3. Pennsylvania 		20 facilities
   4. Virgin Islands 		1 facility___
         Total=	 	49 facilities

Based on these data, this RIA assumes that 49 industrial facilities will have submitted DSW exclusion notifications under the 2008 DSW final rule by the end of April 2011.  Given that these notifications were submitted to EPA over a two-year, four-month period (i.e., between its December 28, 2008 effective date, and April 26, 2011), this RIA further assumes as a "base case" adoption rate scenario, that an additional 21 facilities per year (i.e., 49 facilities divided by 2.3 years = 21 facilities per year) continue to adopt the 2008 DSW exclusion(s) on an annual basis for the 50-year future period of analysis (POA) spanning 2015 to 2064, consisting of the following time interval assumptions:

   * Federal Register publication and lagging effective date for the final rule revisions to the DSW exclusions both occur in 2013.
   * State government adoption of the final rule is expected to begin two years after its effective date in 2015 (this 2-year lag after the effective date recognizes the fact that state governments need time to change their state regulations and statutes).
   * Therefore, the 50-year period of analysis will therefore span from 2015 to 2064.
This "base case" rate of future DSW exclusion adoption is based on recent actual adoption data, rather than the simple 100% immediate adoption assumption applied in EPA's RIA for the 2008 DSW final rule.  The future year-by-year facility adoption timeline for this "base case" adoption scenario is as follows:

	POA	Year		Cumulative count of adopting facilities
      -6.	2009		21 facilities -- adoption of the October 2008 DSW final rule
      -5.	2010		42 facilities -- adoption of the October 2008 DSW final rule
      -4.	2011		63 facilities -- adoption of the October 2008 DSW final rule
      -3.	2012		84 facilities -- adoption of the October 2008 DSW final rule
      -2.	2013		105 facilities -- adoption of the October 2008 DSW final rule; 2011 DSW proposed rule is finalized
      -1.	2014		126 facilities -- adoption of the October 2008 DSW final rule
      1.	2015		147 facilities - State government adoption of 2013 DSW final rule revisions begins.
      2.	2016		168 facilities
      ...
      49.	2063		1,155 facilities
      50.	2064		1,176 facilities

      3C.2	"Upper-Bound" Adoption Scenario (2008 DSW final rule future baseline)

For purpose of comparison to the "base case" adoption scenario of this RIA, Sensitivity Analysis #1 in Chapter 6 of this RIA formulates an alternative "upper-bound" adoption scenario. This scenario assumes 44 states -- identified as potential adopters in Exhibit 12A of EPA's RIA for the 2008 DSW final rule -- will adopt the 2011 proposed revisions within a 4-year period beginning in 2015 (i.e., 2015, 2016, 2017, 2018), at a rate of 25% of the facilities located in these 44 states per year.  This scenario is "Sensitivity Analysis #1" in Chapter 6 of this RIA.

      3C.3	Adoption Scenario (pre-2008 DSW exclusions future baseline)

For the population of baseline hazardous secondary material industrial recycling associated with pre-2008 recycling exclusions, a significantly higher rate of 100% adoption is assumed.  Many of these facilities have operated under the pre-2008 exclusions for several years, as some DSW exclusions date back to 1985.  These facilities may not be equipped to manage these hazardous materials as hazardous wastes.  This is in opposition to those materials managed under the 2008 DSW final rule, because facilities did already manage those materials as hazardous wastes.  These facilities may; therefore, incur more significant costs for handling and management of these materials as hazardous waste.

For example, under the 1998 listing of crude oil tank sludge and clarified slurry oil sludge, a coking exemption was provided for these sludges if they are recycled back into an on-site coking process unit, off-site coking process unit owned by the same company, or an off-site coking process unit owned by another company.  At that time, crude oil tank sludge and clarified slurry oil sludge were typically managed in Subtitle D landfill or land treatment units.  In order to comply with the listing in the absence of the coking exemption, the identified facilities managed these types of sludge in Subtitle C landfill units.  In addition, to comply with the land disposal restriction requirements specified simultaneously with the listing, they ultimately would be managed in Subtitle C thermal destruction (i.e., incineration) units. Therefore, if these facilities do not submit a DSW exclusion notification, they will switch from placing sludge in coking units to hazardous waste incineration units.  Thus, for both the "base case" and the "upper-bound" adoption scenarios, future adoption of the 2011 proposed revisions to the pre-2008 DSW recycling exclusions will likely be 100% because of the significant increase in materials management costs as RCRA hazardous waste for non-adoption.

3D.	Baseline Industrial Waste Disposal Which May Switch to DSW Excluded Recycling

	3D.1	2007 Hazardous Waste Disposal

The 2008 DSW final rule may induce more recycling of hazardous wastes which are disposed, because the potential for net cost savings under the new DSW exclusions if wastes are recycled, may provide an economic incentive for some facilities to switchover from disposal to recycling, either by using offsite commercial recyclers, or by investing in and operating onsite recycling operations.  The 2011 DSW proposal rule adds technical provisions to the 2008 DSW final rule that will increase costs for regulated entities to improve Agency enforcement capabilities, which will slightly reduce the economic incentives for some facilities to switchover from disposal to recycling.  This RIA only evaluates the possibility of disposal switchover to commercial offsite recycling.  The entire quantity of each waste potentially switching-over to recycling is used to estimate total cost savings post-rule, not just the valuable portion (i.e., constituent) of the material.  The generator sends along all the material to the recycler and then the recovery facility extracts the valuable constituent.  Therefore, when calculating cost savings to the generators, it's the entire quantity (i.e., the "waste matrix" mass) that is relevant.

The disposal baseline forms the basis in this RIA, for evaluating the potential for disposed wastes to switch from disposal to recycling, based on (a) the market value of the primary constituent material (e.g., metal or organic solvent) in the disposed waste, in comparison to (b) their current estimated average annual cost for disposal.  This RIA estimates the future potential for switchover by applying a "breakeven test" which determines on a micro-level waste stream-by-waste stream basis (i.e., not on either a facility-by-facility basis nor industry-by-industry basis), whether the net annual market value of the recovered metal, solvent or other material, would at least offset by a minimum of $0.01, the current average annual cost for disposing the waste stream.

The series of Exhibits 3M to 3Q below provide an overview of the 2007 RCRA hazardous waste disposal baseline.  As displayed in rows 1 and 2 of Exhibit 3M below, the two beneficial disposal methods (i.e., H050 onsite burning waste as fuel, and H061 blending waste for use as fuel offsite) are in-eligible methods for the DSW recycling exclusions, although these two methods are displayed in this exhibit only for the purpose of evaluating them for potential switchover to future recycling.
                                  Exhibit 3M
Summary of Total Baseline Disposed RCRA Hazardous Wastes by Ultimate* Disposal Method (2007)
                                       A
                                       B
                                       C
                                       D
                                       E
                                       F
                                       G
                                       H
                                       I
                                    J (H+I)
                                     Item
                             Disposal method Code
                             Disposal description
                        Count of disposed waste streams
                      2007 Count of Facilities Disposing
                   2007 Tons Disposed (management quantity)

                                    Onsite
                                    Offsite
                                  (Received)
                                     Total
                               (non-duplicative)
                                    Onsite
                                  (tons/year)
                                    Offsite
                                  (tons/year)
                                     Total
                                  (tons/year)
A.  Beneficial Disposal Methods (n=2):
                                       1
                                     H050
Energy Recovery
                                                                          7,630
                                                                             61
                                                                             48
                                                                             91
                                                                        714,900
                                                                      1,049,793
                                                                      1,764,693
                                       2
                                     H061
Fuel Blending
                                                                         28,591
                                                                             30
                                                                             99
                                                                            112
                                                                         83,810
                                                                        653,591
                                                                        737,401
                                                 Subtotal beneficial disposal =
                                                                         35,654
                                                                             89
                                                                            129
                                                                            184
                                                                        798,710
                                                                      1,703,384
                                                                      2,502,094
B.  Non-Beneficial Disposal Methods (n=22):
                                       1
H040
Incineration
                                                                         47,713
                                                                             86
                                                                             82
                                                                            140
                                                                        447,487
                                                                        583,322
                                                                      1,030,809
                                       2
H071
Chemical Reduction
                                                                          1,287
                                                                             61
                                                                             23
                                                                             84
                                                                         83,588
                                                                         12,253
                                                                         95,841
                                       3
H073
Cyanide Destruction
                                                                            160
                                                                             23
                                                                              4
                                                                             27
                                                                         12,672
                                                                          2,262
                                                                         14,934
                                       4
H075
Chemical Oxidation
                                                                            301
                                                                              7
                                                                             10
                                                                             15
                                                                         11,328
                                                                         78,027
                                                                         89,355
                                       5
H076
Wet Air Oxidation
                                                                              7
                                                                              3
                                                                              0
                                                                              3
                                                                             12
                                                                              0
                                                                             12
                                       6
H077
Other Chemical Precipitation
                                                                          2,955
                                                                             64
                                                                             29
                                                                             92
                                                                      1,135,328
                                                                        172,307
                                                                      1,307,635
                                       7
H081
Biological Treatment
                                                                            406
                                                                             29
                                                                             16
                                                                             42
                                                                      1,375,436
                                                                         24,354
                                                                      1,399,790
                                       8
H082
Adsorption
                                                                            117
                                                                              7
                                                                             10
                                                                             17
                                                                        604,544
                                                                          2,232
                                                                        606,776
                                       9
H083
Air Or Steam Stripping
                                                                             21
                                                                              6
                                                                              0
                                                                              6
                                                                        487,593
                                                                              0
                                                                        487,593
                                      10
H101
Sludge Treatment And/or Dewatering
                                                                            198
                                                                             40
                                                                              9
                                                                             48
                                                                         19,381
                                                                            876
                                                                         20,258
                                      11
H103
Absorption
                                                                             29
                                                                              9
                                                                              2
                                                                             11
                                                                        377,602
                                                                              4
                                                                        377,606
                                      12
H111
Stabilization Or Chemical Fixation
                                                                          9,519
                                                                             65
                                                                             47
                                                                            105
                                                                         71,766
                                                                        571,943
                                                                        643,709
                                      13
H112
Macro-Encapsulation
                                                                            671
                                                                              3
                                                                             12
                                                                             14
                                                                              7
                                                                          8,443
                                                                          8,450
                                      14
H121
Neutralization Only
                                                                          2,389
                                                                            121
                                                                             36
                                                                            153
                                                                        154,854
                                                                         85,992
                                                                        240,846
                                      15
H122
Evaporation
                                                                            139
                                                                             36
                                                                              1
                                                                             36
                                                                         18,469
                                                                            819
                                                                         19,289
                                      16
H123
Settling Or Clarification
                                                                             25
                                                                             10
                                                                              4
                                                                             14
                                                                         17,090
                                                                         16,875
                                                                         33,964
                                      17
H124
Phase Separation
                                                                             77
                                                                             14
                                                                              9
                                                                             22
                                                                         17,785
                                                                            303
                                                                         18,088
                                      18
H129
Other Treatment
                                                                          5,997
                                                                            125
                                                                             53
                                                                            171
                                                                        828,645
                                                                         71,047
                                                                        899,692
                                      19
H131
Land Treatment Or Application
                                                                          1,021
                                                                              7
                                                                              9
                                                                             16
                                                                          1,943
                                                                             38
                                                                          1,981
                                      20
H132
Landfill Or Surface Impoundment
                                                                          6,439
                                                                             44
                                                                             40
                                                                             66
                                                                        363,900
                                                                      1,575,558
                                                                      1,939,459
                                      21
H134
Deepwell Or Underground Injection
                                                                            808
                                                                             39
                                                                              8
                                                                             41
                                                                     21,159,200
                                                                        346,669
                                                                     21,505,869
                                      22
H135
Discharge To Sewer/POTW Or NPDES
                                                                            851
                                                                             61
                                                                             18
                                                                             78
                                                                      1,147,380
                                                                         38,732
                                                                      1,186,112
                                             Subtotal non-beneficial disposal =
                                                                         77,827
                                                                            669
                                                                            219
                                                                            812
                                                                     28,336,009
                                                                      3,592,059
                                                                     31,928,067
                                                                Column totals =
                                                                      168,123**
                                                                            724
                                                                            285
                                                                            906
                                                                     29,134,718
                                                                          (85%)
                                                                      5,295,443
                                                                          (15%)
                                34.43 million*
                                    (100%)
Explanatory Notes: * Ultimate disposal = Some hazardous wastes undergo one or more sequential treatment methods prior to ultimate disposal. This exhibit represents ultimate disposal methods from Form GM, Section 2 for onsite disposal, and Form WR for offsite disposal.  Tonnages for management method code H141 (wastes stored/bulked, transferred without treatment, recovery or disposal at the transferring site) are not included in this exhibit because transfer does not represent ultimate disposal.  ** However, waste stream counts include wastes managed by H141 only, of which there were a total of 58,958 Form GMs. 107,877 Form GMs reported wastes managed exclusively by some disposal method (i.e., were not also managed by a recycle method, ignoring null and storage (H141) codes on form). Thus, 1,288 Form GMs reported wastes managed by a mix of recycle and disposal methods.  Waste stream counts are based on Form GM reporting.

                                  Exhibit 3N
Identity of Industries Generating & Disposing Total Baseline Disposed RCRA Hazardous Wastes (2007)

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

                              Count of facilities
                              Generation disposed
                                     Onsite
                    Generation shipped offsite for disposal
                           Total generation disposed
                              Count of facilities
                             Beneficial disposal**
                          Non-beneficial disposal***
                                Total disposal
                                       1
                                      11
Agriculture, Forestry, Fishing, Hunting
                                                                             21
                                       -
                                                                            576
                                                                            576
                                       -
                                       -
                                       -
                                       -
                                       2
                                      21
Mining
                                                                            105
                                                                            394
                                                                         14,150
                                                                         14,544
                                                                              3
                                       -
                                                                            395
                                                                            395
                                       3
                                      22
Utilities
                                                                            427
                                                                          2,578
                                                                        114,618
                                                                        117,195
                                                                              8
                                                                              1
                                                                          4,653
                                                                          4,654
                                       4
                                      23
Construction
                                                                            274
                                       -
                                                                         30,273
                                                                         30,273
                                                                              1
                                       -
                                                                             45
                                                                             45
                                       5
                                      31
Manufacturing
                                                                            141
                                                                          6,491
                                                                          8,959
                                                                         15,450
                                                                              4
                                       -
                                                                          6,491
                                                                          6,491
                                       6
                                      32
Manufacturing
                                                                          3,667
                                                                     24,259,312
                                                                      1,675,385
                                                                     25,934,697
                                                                            280
                                                                      1,726,278
                                                                     23,796,832
                                                                     25,523,110
                                       7
                                      33
Manufacturing
                                                                          5,100
                                                                      2,817,623
                                                                      1,247,439
                                                                      4,065,061
                                                                            270
                                                                             70
                                                                      2,794,170
                                                                      2,794,240
                                       8
                                      42
Wholesale Trade
                                                                            507
                                                                        514,734
                                                                         79,735
                                                                        594,469
                                                                             15
                                                                         12,179
                                                                        508,707
                                                                        520,886
                                       9
                                      44
Retail Trade
                                                                            128
                                       -
                                                                          1,293
                                                                          1,293
                                       -
                                       -
                                       -
                                       -
                                      10
                                      45
Retail Trade
                                                                             50
                                       -
                                                                          1,237
                                                                          1,237
                                                                              1
                                                                       < 0.5
                                       -
                                                                       < 0.5
                                      11
                                      48
Transportation
                                                                            626
                                                                        385,256
                                                                         51,871
                                                                        437,127
                                                                             16
                                                                             18
                                                                        386,440
                                                                        386,459
                                      12
                                      49
Postal, Couriers, Messengers, Storage
                                                                            235
                                                                             37
                                                                         28,480
                                                                         28,517
                                                                              6
                                                                              5
                                                                             93
                                                                             97
                                      13
                                      51
Information
                                                                             36
                                                                          1,682
                                                                          7,202
                                                                          8,884
                                                                             15

                                                                          1,775
                                                                          1,775
                                      14
                                      52
Finance & Insurance
                                                                              6
                                       -
                                                                            791
                                                                            791
                                       -
                                       -
                                       -
                                       -
                                      15
                                      53
Real Estate, Rental & Leasing
                                                                             84
                                                                       < 0.5
                                                                         35,491
                                                                         35,491
                                                                              9
                                                                       < 0.5
                                                                          3,496
                                                                          3,496
                                      16
                                      54
Professional, Scientific & Tech Services
                                                                            471
                                                                         86,340
                                                                         26,782
                                                                        113,122
                                                                             25

                                                                         86,435
                                                                         86,435
                                      17
                                      55
Mgt of Companies/Enterprises
                                                                              6
                                                                        132,074
                                                                            130
                                                                        132,204
                                                                              1

                                                                        132,074
                                                                        132,074
                                      18
                                      56
Admin, Waste Mgt & Remediation
                                                                            624
                                                                        968,471
                                                                      1,946,933
                                                                      2,915,404
                                                                            177
                                                                        763,511
                                                                      4,152,545
                                                                      4,916,056
                                      19
                                      61
Educational Services
                                                                            350
                                                                             39
                                                                         13,725
                                                                         13,764
                                                                             19
                                                                              9
                                                                             37
                                                                             47
                                      20
                                      62
Health Care, Social Assistance
                                                                            232
                                                                              4
                                                                         11,637
                                                                         11,641
                                                                              5
                                       -
                                                                              4
                                                                              4
                                      21
                                      71
Arts, Entertainment, Recreation
                                                                             28
                                       -
                                                                          1,924
                                                                          1,924
                                       -
                                       -
                                       -
                                       -
                                      22
                                      72
Accommodation & Food Services
                                                                              5
                                       -
                                                                         11,478
                                                                         11,478
                                       -
                                       -
                                       -
                                       -
                                      23
                                      81
Other Services
                                                                            188
                                                                          3,644
                                                                         19,837
                                                                         23,480
                                                                              2
                                       -
                                                                          3,644
                                                                          3,644
                                      24
                                      92
Public Administration
                                                                            363
                                                                         45,959
                                                                        120,488
                                                                        166,446
                                                                             49
                                                                             21
                                                                         50,233
                                                                         50,254
                                                                Column totals =
                                                                         13,674
                                                                     29,134,718
                                                                          (84%)
                                                                      5,450,433
                                                                          (16%)
                                34.675* million
                                    (100%)
                                                                            906
                                                                 2,502,094 (7%)
                                                                     31,928,067
                                                                          (93%)
                                34.43 million*
                                    (100%)
Explanatory Notes:
* Data Source: EPA 2007 RCRA Hazardous Waste Biennial Report (BR): http://www.epa.gov/osw/inforesources/data/br07/index.htm. This exhibit represents generation disposed onsite from Form GM, Section 2, and generation shipped offsite for disposal from Form GM, Section3, compared with ultimate beneficial and non-beneficial disposal from Form GM, Section 2 and Form WR.  Columns A through D are calculated using Form GM for onsite and Form GM for offsite shipping.  Columns E through F are calculated using Form GM for onsite and Form WR for materials received by the offsite disposal facility.
** Beneficial disposal = H050+H061
*** Non-beneficial = H040+H071+H073+H075+H076+H077+H081+H082+H083+H101+H103+H111+H112+H121+H122+H123+H124+H129+H131+H132+H134+H135.

                                  Exhibit 3O
Industrial Process/Activity Sources of Total Baseline Disposed RCRA Hazardous Wastes (2007)

                                       A
                                       B
                                    C (A+B)
                                     Item
                         Industrial Process/ Activity
                    Hazardous Waste Generation Source Code
                       Beneficial disposal** (tons/year)
                          Non-beneficial disposal***
                                  (tons/year)
                                Total disposal
                                  (tons/year)
                                       1
G01
Dip, flush or spray rinsing
                                                                         21,127
                                                                        211,928
                                                                        233,055
                                       2
G02
Stripping and acid or caustic cleaning
                                                                          2,732
                                                                        100,010
                                                                        102,742
                                       3
G03
Plating & phosphating
                                                                            652
                                                                        323,836
                                                                        324,488
                                       4
G04
Etching
                                                                            155
                                                                        730,984
                                                                        731,139
                                       5
G05
Metal forming & treatment
                                                                            672
                                                                        176,742
                                                                        177,415
                                       6
G06
Painting & coating
                                                                         62,493
                                                                        126,379
                                                                        188,872
                                       7
G07
Product & by-product processing
                                                                        338,144
                                                                      9,827,034
                                                                     10,165,178
                                       8
G08
Removal of spent process liquids or catalysts
                                                                        163,000
                                                                      3,780,370
                                                                      3,943,370
                                       9
G09
Other production or service-related processes
                                                                        129,148
                                                                      1,901,204
                                                                      2,030,352
                  Subtotal daily production, service or maintenance processes =
                                                                        718,123
                                                                     17,178,487
                                                                     17,896,611
                                      10
G11
Discarding off-spec or out-of-date chemicals or products
                                                                         75,564
                                                                        110,513
                                                                        186,077
                                      11
G12
Lagoon or sediment dragout and leachate collection
                                                                              7
                                                                          7,140
                                                                          7,147
                                      12
G13
Cleaning-out process equipment
                                                                         92,385
                                                                        473,166
                                                                        565,551
                                      13
G14
Removal of tank sludge, sediments or slag
                                                                         50,743
                                                                         85,043
                                                                        135,786
                                      14
G15
Process equipment change-out or discontinuation of use
                                                                          7,046
                                                                         58,968
                                                                         66,015
                                      15
G16
Oil changes and filter or battery replacement
                                                                          4,753
                                                                          2,198
                                                                          6,951
                                      16
G19
Other one-time or intermittent processes
                                                                          6,985
                                                                        158,184
                                                                        165,169
                        Subtotal one-time or intermittent events or processes =
                                                                        237,484
                                                                        895,212
                                                                      1,132,696
                                      17
G21
Air pollution control devices
                                                                            863
                                                                      1,996,120
                                                                      1,996,983
                                      18
G22
Lab analytical wastes
                                                                         12,280
                                                                         17,258
                                                                         29,538
                                      19
G23
Wastewater treatment
                                                                         30,832
                                                                      3,865,817
                                                                      3,896,650
                                      20
G24
Solvent or product distillation or recovery
                                                                        479,777
                                                                      2,398,634
                                                                      2,878,411
                                      21
G25
Hazardous waste management
                                                                        422,601
                                                                      1,030,141
                                                                      1,452,743
                                      22
G26
Leachate collection
                                                                             10
                                                                        524,681
                                                                        524,691
                                      23
G27
Hazardous residual from treatment or recovery of universal waste
                                                                             34
                                                                         13,908
                                                                         13,942
                  Subtotal pollution control & waste management residuals =
                                                                        946,398
                                                                      9,846,559
                                                                     10,792,957
                                      24
G31
Accidental contamination of products, materials, containers
                                                                            919
                                                                          2,848
                                                                          3,767
                                      25
G32
Cleanup of spill residues (infrequent, not routine)
                                                                          1,868
                                                                         41,543
                                                                         43,411
                                      26
G33
Leak collection & floor sweeping ongoing, routine)
                                                                            807
                                                                          9,109
                                                                          9,916
                                      27
G39
Other cleanup of current contamination
                                                                            684
                                                                         11,588
                                                                         12,273
                                    Subtotal spills & accidental releases =
                                                                          4,278
                                                                         65,088
                                                                         69,366
                                      28
G41
Closure of hazardous waste management unit under RCRA
                                                                            102
                                                                          5,924
                                                                          6,025
                                      29
G42
Correction action at solid waste mgmt unit under RCRA
                                                                            174
                                                                      3,320,649
                                                                      3,320,823
                                      30
G43
Remedial action or emergency response under CERCLA
                                                                            193
                                                                        159,213
                                                                        159,407
                                      31
G44
State program or voluntary cleanup
                                                                            361
                                                                        633,197
                                                                        633,559
                                      32
G45
Underground storage tank cleanup
                                                                          1,819
                                                                          8,653
                                                                         10,472
                                      33
G49
Other remediation
                                                                          7,038
                                                                         90,240
                                                                         97,278
                                   Subtotal remediation of past contamination =
                                                                          9,688
                                                                      4,217,877
                                                                      4,227,565
                                      34
G61
Received from offsite for storage/bulking for transfer offsite
                                                                        300,627
                                                                        246,466
                                                                        547,093
                                      35
G63 to G75
Imported from a foreign country
                                                                          8,750
                                                                             32
                                                                          8,782
                                     Subtotal not physically generated onsite =
                                                                        309,377
                                                                        246,497
                                                                        555,875
                                      36
G??
Source code not provided
                                                                              0
                                                                              0
                                                                              0
                                                                Column totals =
                                                                      2,225,350
                                                                           (6%)
		32,449,721
                                                                          (94%)
                                34.675 million*
                                    (100%)
Notes:
* Data Source: EPA 2007 RCRA Hazardous Waste Biennial Report (BR): http://www.epa.gov/osw/inforesources/data/br07/index.htm. This exhibit represents ultimate disposal methods from Form GM, Section 2 for onsite disposal, and Form GM, Section 3 for offsite disposal.
** Beneficial disposal = H050 + H061
*** Non-beneficial disposal = H040 + H071 + H073 + H075 + H076 + H077 + H081 + H082 + H083 + H101 + H103 + H111 + H112 + H121 + H122 + H123 + H124 + H129 + H131 + H132 + H134 + H135

                                  Exhibit 3P
     Physical Form of Total Baseline Disposed RCRA Hazardous Wastes (2007)

                                       A
                                       B
                                    C (A+B)
                                     Item
                      Biennial Report Physical Form Code
                             Beneficial disposal**
                                  (tons/year)
                          Non-beneficial disposal***
                                  (tons/year)
                                Total disposal
                                  (tons/year)
                                       1
W001
Lab packs w/out acute haz waste
                                                                          1,998
                                                                          9,159
                                                                         11,156
                                       2
W002
Contaminated debris
                                                                         15,294
                                                                         98,864
                                                                        114,158
                                       3
W004
Lab packs w/acute haz waste
                                                                            281
                                                                          8,664
                                                                          8,945
                                       4
W301
Contaminated soil
                                                                          1,014
                                                                        737,724
                                                                        738,738
                                       5
W309
Batteries, battery parts, cores, casings
                                                                              6
                                                                          5,110
                                                                          5,116
                                       6
W310
Filters, adsorbents, ion exchange resins, spent carbon
                                                                          7,270
                                                                         30,721
                                                                         37,991
                                       7
W320
Electrical devices
                                                                            165
                                                                            678
                                                                            843
                                       8
W512
Sediment or lagoon dragout, drilling or other muds
                                                                             54
                                                                          6,120
                                                                          6,174
                                       9
W801
Compressed gases
                                                                          2,968
                                                                          6,507
                                                                          9,475
                                          Subtotal mixed media/debris/devices =
                                                                         29,048
                                                                        903,547
                                                                        932,595
                                      10
W101
Very dilute aqueous waste >99% water
                                                                          4,856
                                                                      9,386,198
                                                                      9,391,055
                                      11
W103
Spent concentrated acid
                                                                          1,108
                                                                      1,517,271
                                                                      1,518,379
                                      12
W105
Acidic aqueous wastes <5% acid
                                                                            803
                                                                      4,260,407
                                                                      4,261,210
                                      13
W107
Aqueous waste containing cyanides
                                                                              7
                                                                         44,282
                                                                         44,289
                                      14
W110
Caustic aqueous waste or wastewaters
                                                                          1,419
                                                                      1,277,680
                                                                      1,279,100
                                      15
W113
Other aqueous waste or wastewaters
                                                                         12,771
                                                                      5,512,079
                                                                      5,524,850
                                      16
W117
Waste liquid mercury
                                                                              2
                                                                             63
                                                                             65
                                      17
W119
Other inorganic liquid
                                                                         30,880
                                                                        463,728
                                                                        494,608
                                                   Subtotal inorganic liquids =
                                                                         51,847
                                                                     22,461,709
                                                                     22,513,556
                                      18
W200
Still bottoms liquid form
                                                                        156,903
                                                                         35,597
                                                                        192,501
                                      19
W202
Concentrated halogenated solvent
                                                                         14,585
                                                                         38,804
                                                                         53,388
                                      20
W203
Concentrated non-halogenated solvent
                                                                        317,076
                                                                        100,161
                                                                        417,237
                                      21
W204
Concentrated halogenated/non-halo solvent mixture
                                                                        286,702
                                                                         69,556
                                                                        356,258
                                      22
W205
Oil-water emulsion/mixture
                                                                         48,863
                                                                         30,222
                                                                         79,085
                                      23
W206
Waste oil
                                                                         28,975
                                                                          4,895
                                                                         33,869
                                      24
W209
Paint, ink, lacquer or varnish
                                                                         68,842
                                                                         10,939
                                                                         79,781
                                      25
W210
Reactive or polymerizable organic liquids/adhesives
                                                                         18,522
                                                                         31,307
                                                                         49,829
                                      26
W211
Paint thinner or petroleum distillates
                                                                         47,654
                                                                          4,641
                                                                         52,295
                                      27
W219
Other organic liquid
                                                                        836,277
                                                                      6,472,946
                                                                      7,309,222
                                                     Subtotal organic liquids =
                                                                      1,824,397
                                                                      6,799,068
                                                                      8,623,465
                                      28
W303
Ash
                                                                              4
                                                                        113,751
                                                                        113,754
                                      29
W304
Slags, drosses, other solid thermal residues
                                                                             31
                                                                        616,043
                                                                        616,074
                                      30
W307
Metal scale, filings, scrap (including drums)
                                                                            238
                                                                         26,185
                                                                         26,423
                                      31
W312
Cyanide or metal cyanide bearing solids, salts, chems
                                                                              4
                                                                         52,389
                                                                         52,393
                                      32
W316
Metals salts or chemicals w/out cyanide
                                                                            175
                                                                         34,129
                                                                         34,304
                                      33
W319
Other inorganic solids
                                                                         12,861
                                                                        426,324
                                                                        439,186
                                                    Subtotal inorganic solids =
                                                                         13,313
                                                                      1,268,821
                                                                      1,282,134
                                      34
W401
Pesticide solids
                                                                            154
                                                                         12,067
                                                                         12,222
                                      35
W403
Solid resins, plastics, polymerized organics
                                                                         18,261
                                                                         16,163
                                                                         34,424
                                      36
W405
Explosives or reactive organic solids
                                                                             16
                                                                         26,138
                                                                         26,154
                                      37
W409
Other organic solids
                                                                         46,981
                                                                        171,478
                                                                        218,458
                                                      Subtotal organic solids =
                                                                         65,412
                                                                        225,846
                                                                        291,258
                                      38
W501
Lime or metal hydroxide sludges
                                                                            110
                                                                         57,270
                                                                         57,380
                                      39
W503
Gypsum sludges from wastewater or air treatment

                                                                          4,947
                                                                          4,947
                                      40
W504
Other sludges from wastewater or air treatment
                                                                          4,556
                                                                        136,597
                                                                        141,152
                                      41
W505
Metal bearing sludges
                                                                            241
                                                                         21,802
                                                                         22,043
                                      42
W506
Cyanide-bearing sludges
                                                                             23
                                                                         10,991
                                                                         11,014
                                      43
W519
Other inorganic sludges
                                                                            314
                                                                         16,891
                                                                         17,205
                                                   Subtotal inorganic sludges =
                                                                          5,243
                                                                        248,497
                                                                        253,741
                                      44
W603
Oily sludge
                                                                         40,397
                                                                         46,430
                                                                         86,827
                                      45
W604
Paint or ink sludges, still bottoms
                                                                         13,575
                                                                          9,229
                                                                         22,803
                                      46
W606
Resins, tars, polymer, tarry sludge
                                                                         41,242
                                                                          2,747
                                                                         43,989
                                      47
W609
Other organic sludge
                                                                        100,003
                                                                          8,244
                                                                        108,248
                                                     Subtotal organic sludges =
                                                                        195,217
                                                                         66,650
                                                                        261,867
                                      48
W???
Physical form code not provided
                                                                         40,871
                                                                        475,583
                                                                        516,455
                                                                         (2.3%)
                                                                       Totals =
                                                                      2,225,350
                                                                           (6%)
                                                                     32,449,721
                                                                          (94%)
                                34.675 million*
                                    (100%)
Notes:
* Data Source: EPA 2007 RCRA Hazardous Waste Biennial Report (BR): http://www.epa.gov/osw/inforesources/data/br07/index.htm. This exhibit represents ultimate disposal methods from Form GM, Section 2 for onsite disposal, and Form GM, Section 3 for offsite disposal.
** Beneficial disposal = H050 + H061
*** Non-beneficial disposal = H040 + H071 + H073 + H075 + H076 + H077 + H081 + H082 + H083 + H101 + H103 + H111 + H112 + H121 + H122 + H123 + H124 + H129 + H131 + H132 + H134 + H135

                                  Exhibit 3Q
 Waste Codes Assigned to Total Baseline Disposed RCRA Hazardous Wastes (2007)

                                       A
                                       B
                                    C (A+B)
                                     Item
                                RCRA Waste Code
                             Beneficial disposal**
                                  (tons/year)
                          Non-beneficial disposal***
                                  (tons/year)
                                Total disposal
                                  (tons/year)
                                       1
Dxxx
1 or more toxicity leaching test waste codes only
                                                                        947,390
                                                                     19,697,523
                                                                     20,644,913
                                                                            60%
                                       2
Fxxx
1 or more non-specific industrial source waste codes only
                                                                        106,593
                                                                      1,253,323
                                                                      1,359,916
                                                                             4%
                                       3
Kxxx
1 or more specific industrial source waste codes only
                                                                         99,508
                                                                      2,457,817
                                                                      2,557,325
                                                                             7%
                                       4
Pxxx
1 or more "acutely hazardous" discarded or off-spec commercial chemical products, container residues & spill residues thereof
                                                                             37
                                                                          9,355
                                                                          9,392
                                                                        < 1%
                                       5
Uxxx
1 or more "toxic waste" commercial chemical products, manufacturing intermediates, or off-spec commercial chemical products
                                                                          1,866
                                                                         28,963
                                                                         30,829
                                                                        < 1%
                                       6
Mixed
Assigned with multiple waste codes from 2 or more categories above
                                                                      1,069,956
                                                                      9,002,468
                                                                     10,072,424
                                                                            29%
                                       7
????
Waste code not provided
                                                                              0
                                                                            272
                                                                            272
                                                                        < 1%
                                                                Column totals =
                                                                      2,225,350
                                                                     32,449,721
                                34.675 million*
                                     100%
Notes:
* Data Source: EPA 2007 RCRA Hazardous Waste Biennial Report (BR): http://www.epa.gov/osw/inforesources/data/br07/index.htm. This exhibit represents ultimate disposal methods from Form GM, Section 2 for onsite disposal, and Form GM, Section 3 for offsite disposal.
** Beneficial disposal = H050 + H061
*** Non-beneficial disposal = H040 + H071 + H073 + H075 + H076 + H077 + H081 + H082 + H083 + H101 + H103 + H111 + H112 + H121 + H122 + H123 + H124 + H129 + H131 + H132 + H134 + H135
      3D.2	Methodology for Identifying Potentially Recyclable Wastes Currently Disposed

This section presents the data screening (i.e., data selection) criteria applied in this RIA to the baseline disposal data displayed in Exhibits 3M to 3Q above.  As described below, this screening process involves two steps:

   * Step1:	Primary screening criteria to identify disposed wastes containing constituents of potential commodity value
   * Step 2: Secondary screening criteria to identify commodity-containing wastes of sufficient physical quality for recovery

The purpose of these complementary screening steps is to identify the baseline disposal quantities (i.e., 2007 tons per year) that may be physically and chemically sufficient for potential future switchover to recycling under the DSW final rule exclusions.  The baseline disposal types and associated annual quantities which remain after applying this two-step data screening process, are applied in this RIA as inputs to the spreadsheet computations for the disposal switchover breakeven test described in Chapter 8 of the 2008 DSW RIA.  The breakeven test is executed in this RIA on a micro (i.e., waste stream-by-waste stream) basis, not on a facility-by-facility basis or industry-by-industry basis.  The breakeven test represents a micro-economic financial test to determine if facilities may change their management practices for individual waste streams to obtain the potential economic benefits of the DSW final rule.
	Before presenting the two-step screening process and results below, there are two possible observations about the baseline disposal data presented in Exhibits 3O, 3P and 3Q above.  Taken together these two observations suggest that 76% to 77% of the baseline disposal hazardous wastes should not be expected, a priori, to yield break-even switchover recycling under the 2008 DSW final rule.  This percentage range represents a lower-bound and upper-bound range produced by alternatively assuming complete overlap and assuming no overlap between the two observations, respectively.

* Disposal Data Observation 1:	Low quality physical form of baseline disposal hazardous wastes:
      Based on the physical form data presented in Exhibit 3N, a relatively large 76% segment of the 34.675 million tons of baseline disposal appears to be low quality in terms of potential commodity recovery (recycling) efficiency and market value.
      Exhibit 3P row 10	Disposal of W101	Very dilute aqueous waste >99% water		9.39  million tons	27.1%
      Exhibit 3P row 12	Disposal of W105	Acidic aqueous wastes <5% acid			4.26 million tons	12.3%
      Exhibit 3P row 15	Disposal of W113	Other aqueous waste or wastewaters n.e.c.		5.52 million tons	15.9%
      Exhibit 3P row 27	Disposal of W219	Other organic liquid n.e.c.				7.31 million tons	21.1%
      											Subtotal =	26.5 million tons	76%
* Disposal Data Observation 2:	Missing codes from baseline disposal hazardous wastes:
   Exhibits 3O, 3P and 3Q reveal that 1% of baseline disposal tonnage does not have associated Gxx source codes, Wxxx physical form codes, or Dxxx, Fxxx, Kxxx, Pxxx, Uxxx waste codes:
      Exhibit 3O row 36	Disposal data without Gxx source codes					0 million tons		0%
      Exhibit 3P row 48	Disposal data without Wxxx physical form codes				0.52 million tons	1.4%
      Exhibit 3Q row 7	Disposal data without Dxxx, Fxxx, Kxxx, Pxxx, Uxxx			<0.001 million tons	0%
      											Subtotal =	0.52 million tons 	(1%)

   Consequently, 1% of baseline disposal cannot be evaluated in this RIA for break-even switchover, because the switchover methodology is based on using these codes as primary screening selection criteria for assigning to recycling commodity groupings as described below in Exhibit 3R.

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

The first data screening step is structured according to each of the three RCRA baseline recycling methods (i.e., metals recovery, solvent recovery, and other recovery).  Each materials recovery method is assigned as a "commodity group" according to the respective types of materials involved in each of these three recovery methods.  Exhibit 3R below presents the primary data screening criteria applied in this RIA according to these three commodity groups.  The screening criteria consist of three sequentially applied "if then" data selection criteria involving 43 different Biennial Report (BR) and RCRA waste codes:

   * Wxxx:				16 BR physical/chemical form codes
   * Gxx:				4 BR industrial process/activity source codes
   * Dxxx, Fxxx, Kxxx:		23 RCRA regulatory waste codes

EPA identified and assigned the screening codes in each criteria based on determining whether each of these codes pertained to metals, solvents, or to other types of materials contained in the wastes which might be amenable for recovery in the three commodity groups.  The disposed quantities (i.e., 2007 tons) presented in Exhibits 3O to 3Q above will not match the disposed quantities presented in Exhibits 3S to 3W below (which are applied in the breakeven test of this RIA).  Exhibits 3K to 3O (except for column B of Exhibit 3N as noted previously) present the national baseline disposal picture based on the 2007 BR reporting logic.  Given the numbers in Exhibits 3M to 3Q are intended to add-up to the totals presented in the 2007 BR, a compatible BR database query logic was used to complete those exhibits.  However, the resultant disposed quantities presented in Exhibits 3M to 3Q are higher than those used in the breakeven test as presented in Exhibits 3S to 3W below.  The difference in disposed quantities between these two sets of exhibits is due to the following technical reasons pertaining to (a) how the BR data reporting forms are structured/designed and (b) there are different BR data reporting forms which separately target LQGs (i.e., "Form GM") and TSDFs (i.e., "Form WR"):

   1. The onsite quantity disposed totals in Exhibit 3M (column G) from the 2007 BR are sums of the numbers reported in BR Form GM, Sec. 1, F. Quantity Generated in 2007 (see attached 2007 BR Form GM).  The on-site quantity disposed totals used in the analysis are those reported in Form GM, Sec. 2, On-site Process System 1 and On-site Process System 2.  These numbers sometimes do not match because either there is a reporting/data entry error, not all of the quantity generated is recovered (i.e., some may be disposed), or not all of the quantity generated in 2007 was recovered in 2007.
   2. Source code G61 (received from offsite for storage/bulking for transfer offsite) waste is excluded in the breakeven test of this RIA given the waste is not physically generated on site (see Exhibit 3O, Item 34) by the generator.
   3. The off-site management totals in Exhibit 3K (column H) from the 2007 BR are based on waste receipts (i.e., wastes reported received from off site for management on Form WR).  The off-site management totals used in the cost analysis are based on reported shipments on Form GM.  The quantities reported shipped for off-site recovery in Form GM, Sec. 3, Site 1, Site 2, and Site 3 are used.
   4. Step 2 of this data screening methodology is presented in Exhibit 3S below where screening selection criteria are applied to baseline disposal data that eliminate much of the disposed quantities presented in Exhibits 3I through 3O.

                                  Exhibit 3R
    Primary Screening Selection Criteria Applied to Baseline Disposal Data
for Evaluating Potential Future Switchover to Recycling Under the DSW Final Rule Exclusions
 (Note: the three criteria in this exhibit represent "IF THEN" criteria*)
                                  Criterion A
                                  Criterion B
                                  Criterion C
                       BR Physical/Chemical Form Codes**
                        BR Industrial Process/ Activity
                           Generation Source Codes**
                            RCRA Regulatory Codes**
Commodity Group #1: For Possible Metal Recovery:
Include form codes: (n=10)
* W107 wastes containing cyanides
* W117 waste liquid mercury
* W303 ash
* W304 slags, drosses, other solid thermal residues
* W307 metal scale, filings & scrap (metal drums)
* W312 cyanide or metal cyanide solids, chemicals
* W316 metal salts or chemicals w/out cyanides
* W501 lime and/or metal hydroxide sludges/solids
* W505 metal bearing sludges w/out cyanide
* W506 cyanide-bearing sludges (non cont. soils)
For wastes with no reported form codes include source codes: (n=2)
* G03 plating & phosphating
* G04 etching
For wastes with no reported form codes and no reporting source codes G03 or G04 include RCRA waste codes: (n=38)
* D005 barium
* D006 cadmium
* D007 chromium
* D008 lead
* D009 mercury
* D010 selenium
* D011 silver
* F006, F007, F008 metal electroplating
* F019 sludge from conversion coating of aluminum
* K061 iron & steel mfg emission dust
* K171, K172 petroleum refining spent catalysts

                            Exhibit 3R (continued)
    Primary Screening Selection Criteria Applied to Baseline Disposal Data
for Evaluating Potential Future Switchover to Recycling Under the DSW Final Rule Exclusions
 (Note: the three criteria in this exhibit represent "IF THEN" criteria*)
                                  Criterion A
                                  Criterion B
                                  Criterion C
                       BR Physical/Chemical Form Codes**
                        BR Industrial Process/ Activity
                           Generation Source Codes**
                            RCRA Regulatory Codes**
Commodity Group #2: For Possible Solvent Recovery:
Include form codes: (n=5)
* W202 concentrated halogenated organic liquids
* W203 concentrated non-halogenated organic liquids
* W204 concentrated halo/non-halogenated solvents
* W209 paint, ink, lacquer or varnish
* W211 paint thinner or petroleum distillates
For wastes with no reported form codes include source codes: (n=2)
* G01 dip, flush or spray rinsing (using solvents)
* G06 painting & coating
For wastes with no reported form codes and not reporting G01 or G06 include RCRA waste codes: (n=8)
* F001, F002, F003, F004, F005 spent solvents
* F024, F025 chlorinated aliphatic mfg
* K086 solvent washes of ink equipment
Commodity Group #3: For Possible Other Recovery (Carbon Regeneration and Sodium Fluoride)*
Include form codes: (n=1)
* W310 filters, solid adsorbents, ion exchange resins and spent carbon (this RIA evaluates carbon only)
* Note: not included are spent acids >5% (W103)***

                                      ---
* For wastes with no reported form codes include RCRA waste codes and form code W312 reported with K088 waste code move from Category 1 to Category 3: (n=1)
* K088 aluminum production spent potliners (sodium fluoride)
                               Total codes A =16
                               Total codes B =4
                               Total codes C =23
Explanatory Notes:
* * IF THEN = The three criteria in this exhibit represent sequential database query criteria within each waste type row.  First the form code data were pulled (criterion A), and for remaining data with missing form codes, the generator source code data were pulled (criterion B), then for remaining data with missing form codes, the regulatory waste code data were pulled (criterion C).
* **There are a total 47 Wxxx codes, 47 Gxxx codes, 40 Dxxx codes, 28 Fxxx codes, 120 Kxxx, codes, 205 Pxxx codes, and , 612 Uxxxx codes defined for data reporting to the RCRA Biennial Report (BR): .for complete lists see pp. 49 to 54 of the 2007 BR instructions book at: http://www.epa.gov/wastes/inforesources/data/br07/07report.pdf
* *** Upon review of W103 spent acids > 5%, G02 stripping and acid or caustic cleaning, and G05 metal forming and treatment waste streams nearly all the waste is not suitable for switchover to off-site other recovery.  Much of the waste are dilute acid wastes that are disposed in on-site wastewater treatment systems followed by POTW/sewer or NPDES discharge or disposed by Class I UIC permitted deep-well injection.  These disposal methods are cheap compared to offsite recovery.  It will not be more economical to ship these wastes offsite for other recovery.  It is beyond the time and resource constraints of this RIA to individually carry these records through the analysis.  A small quantity (< 1,000 tons) of spent pickle liquor (K062) was identified.  The quantity is too small to carry forward through the analysis.

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

Exhibit 3S below presents the secondary screening criteria applied to baseline disposal wastes  The purpose of these secondary screening criteria are to introduce a consideration of the anticipated physical quality of baseline disposed waste streams, prior to evaluating them in the disposal-switchover-to-recycling breakeven test of this RIA.  The secondary screening criteria consist of six elements as follows:

   (1) Remove disposed waste records that were residuals from hazardous waste management processes.  Residuals generated by either (a) current materials recovery operations (H010, H020, H039), (b) energy/fuel recovery operations (H050, H061), or (c) thermal destructive treatment processes (H040), are assumed not to have a high content of recoverable material and are assumed will continue to be disposed.  This corresponds to removing baseline disposal data records with source code G25.  Disposed wastes with RCRA waste codes F006 and F007 were retained because these potentially recoverable wastes were often reported using this source code because they are derived from wastewater treatment processes.
   (2) Remove disposed waste records that were wastes generated from industrial processes that are not continuous (e.g., those generated from remediation or one-time industrial activities).  The material values from these wastes are less likely to be recoverable given they are not generated in a controlled process environment (i.e., remediation wastes involve spills and releases to the environment).  Given their one-time nature of generation, generators are unlikely to go through the notification process for a DSW exclusion for a one-time waste generation event.  This corresponds to removing baseline disposal data records corresponding to three sets of non-continuous source codes: (a) spills and accidental releases G31, G32, G33, G39, (b) remediation of past contamination G41, G42, G43, G44, G45, G49, and (c) non-periodic activities G12, G15, G19.
   (3) Remove disposed wastes with waste descriptions containing the word "debris" from the data set.  The material values from these wastes are less likely to be recoverable given they are not generated in a controlled process environment.  Given their one-time nature of generation, generators are unlikely to go through the notification process for a DSW exclusion for a one-time waste generation event.
   (4) Remove wastes with waste descriptions indicating they are "rinsewaters" or "groundwaters" to ensure the physical quality of the waste (i.e., the minimal recoverable material concentration) is technically sufficient for recovery.  These dilute aqueous-based wastes typically do not contain recoverable fractions of valuable materials.  This screening criterion was only applied to waste streams with no reported form code.  Normally wastes like these would have a reported form code of W101 very dilute aqueous waste containing more than 99% water and W105 acidic aqueous wastes less than 5% acid.
   (5) Remove some miscellaneous disposed wastes:
         a. Onsite Commodity Group #2 baseline disposal quantities were primarily disposed by non-beneficial incineration (H040), or by beneficial energy recovery (H050), or beneficial fuel blending (H061).  For the purposes of this RIA, it is assumed that facilities which both generate and dispose wastes on site via beneficial energy or fuel recovery (i.e., H050 or H061) will not change to a materials recovery process under the DSW final rule exclusions.  All these processes require relatively large onsite capital investments and air pollution control permitting costs, which make it less likely that onsite H040, H050 or H061 disposed wastes will switchover to materials recovery under the DSW exclusions.  This corresponds to removing baseline disposal data records for onsite waste generation GM Form Section 2 H040, H050 and H061.  However, this RIA subjects the disposal data records corresponding to offsite disposal Form GM involving these three waste codes (i.e., H040, H050, H061) to the breakeven test for switchover to recovery/recycling.
         b. All records with form code W310 not containing the word "carbon" or "charcoal" in the waste description were deleted from the list of disposed spent carbon wastes.  This is necessary because the definition of the W310 physical/chemical form code allows reporting together in this single code, four different types of materials: (1) filters, (2) solid adsorbents, (3) ion exchange resins, and (4) spent carbons.  Because of lack of characterizing data on the other three waste types, only spent carbon from these four waste types is evaluated in this RIA for potential switchover to recovery.
   (6) Because of the fact there are tens of thousands of individual waste streams in the Biennial Report database for any given data year, it is beyond the time and resource constraints of this RIA to individually examine each narrative comment for baseline disposed wastes containing these "other" code sub-categories to determine whether they should be included in the breakeven test of this RIA.  This corresponds to removing baseline disposal data records for H129 "other treatment".  However, this RIA does include the H039 "other recovery or reclamation" catch-all sub-category in the baseline recycling data records analyzed elsewhere in this RIA for potential DSW exclusion de-regulatory cost savings.  The "other" form codes already were removed by their exclusion from the "primary" screening selection criteria.
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                                  Exhibit 3S
       Summary of Outcome of Primary & Secondary Screening Criteria
Applied to Baseline Disposal Wastes to be Evaluated for Switchover to Recycling
                         Secondary Selection Criteria
                  Remaining & Removed Disposal Quantities
                             (2007 tons per year)
                  Total Remaining Baseline Disposal Quantity
                             (2007 tons per year)
A. Primary Selection Criteria:
Commodity Group 1
Commodity Group 2
Commodity Group 3
Total Baseline Disposed Quantity Remaining
                                                                      1,187,260
                                                                        985,788
                                                                        225,486
                                                                      2,398,534

                                                                      2,398,534
B. Secondary Screening Criteria:
1. Remove Source Code G25
                                                                       -211,055
                                                                      2,187,479
2. Remove Wastes Generated by Non-Continuous Processes
                                                                       -114,756
                                                                      2,072,723
3. Remove Debris-Wastes
                                                                        -14,950
                                                                      2,057,773
4. Remove Rinsewaters and Groundwaters
                                                                        -15,270
                                                                      2,042,503
5. Remove Other Waste Specific Quantity
                                                                       -178,020
                                                                      1,864,483
6. Remove "Other Treatment" Quantity
                                                                        -54,401
                                 1.81 million
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   3D.3	Resultant Screening Selection Quantities of Baseline Disposal that May Switchover to Recycling
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Exhibits 3T through 3W below present the resultant types and quantities (i.e., tons per year in relation to the baseline data year 2007 applied in this RIA) of the baseline disposed hazardous waste data selected by the 2-step screening process described above, which are applied in the new recycling "breakeven test" (see Chapter 8 of 2008 DSW RIA).
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                                  Exhibit 3T
Screening Selection Results of Baseline Disposal for Recycling Breakeven Test by Ultimate* Disposal Method (2007)
                                       A
                                       B
                                       C
                                       D
                                       E
                                    F (D+E)
                                       G
                                       H
                                    I (G+H)
                                     Item
                             Disposal Method Code
                             Disposal Description
                      2007 Count of Facilities Disposing
                   2007 Tons Disposed (management tons/year)

                                    Onsite
                                    Offsite
                                   (Shipped)
                                     Total
                               (non-duplicative)
                                    Onsite
                                  (tons/year)
                                    Offsite
                                  (tons/year)
                                     Total
                                  (tons/year)
A.  Beneficial Disposal Methods (n=2):
                                       1
                                     H050
Energy Recovery
                                                                              1
                                                                            769
                                                                            769
                                                                              0
                                                                        133,306
                                                                        133,306
                                       2
                                     H061
Fuel Blending
                                                                              1
                                                                          4,782
                                                                          4,782
                                                                              0
                                                                        196,461
                                                                        196,461
                                                 Subtotal beneficial disposal =
                                                                            ---
                                                                            ---
                                                                            ---
                                                                              0
                                                                        329,767
                                                                        329,767
B.  Non-Beneficial Disposal Methods (n=23):
                                       1
                                     H040
Incineration
                                                                              1
                                                                          1,968
                                                                          1,968
                                                                              0
                                                                        124,701
                                                                        124,701
                                       2
                                     H071
Chemical Reduction
                                                                             10
                                                                             55
                                                                             63
                                                                         11,939
                                                                          1,206
                                                                         13,145
                                       3
                                     H073
Cyanide Destruction
                                                                             17
                                                                             60
                                                                             75
                                                                          4,698
                                                                          2,536
                                                                          7,234
                                       4
                                     H075
Chemical Oxidation
                                                                              3
                                                                             14
                                                                             15
                                                                             24
                                                                          1,547
                                                                          1,571
                                       5
                                     H076
Wet Air Oxidation
                                                                              1
                                                                              1
                                                                              1

                                                                              0
                                       6
                                     H077
Other Chemical Precipitation
                                                                             11
                                                                            142
                                                                            151
                                                                          1,086
                                                                          4,730
                                                                          5,815
                                       7
                                     H081
Biological Treatment
                                                                              7
                                                                              8
                                                                             13
                                                                          1,525
                                                                          1,718
                                                                          3,242
                                       8
                                     H082
Adsorption
                                                                              1
                                                                              6
                                                                              6
                                                                              0
                                                                          1,080
                                                                          1,080
                                       9
                                     H083
Air Or Steam Stripping
                                                                              1
                                                                              3
                                                                              3
                                                                              0
                                                                              9
                                                                              9
                                      10
                                     H101
Sludge Treatment And/or Dewatering
                                                                             26
                                                                             45
                                                                             69
                                                                          1,937
                                                                            977
                                                                          2,914
                                      11
                                     H103
Absorption
                                                                              1
                                                                              1
                                                                              1
                                                                              0
                                                                             14
                                                                             14
                                      12
                                     H111
Stabilization Or Chemical Fixation
                                                                             17
                                                                            755
                                                                            765
                                                                         57,998
                                                                        215,079
                                                                        273,077
                                      13
                                     H112
Macro-Encapsulation
                                                                              1
                                                                             27
                                                                             27
                                                                              0
                                                                            827
                                                                            827
                                      14
                                     H121
Neutralization Only
                                                                              5
                                                                             47
                                                                             50
                                                                             49
                                                                            955
                                                                          1,004
                                      15
                                     H122
Evaporation
                                                                             10
                                                                             10
                                                                             17
                                                                          1,151
                                                                            153
                                                                          1,303
                                      16
                                     H123
Settling Or Clarification
                                                                              3
                                                                              2
                                                                              3
                                                                              5
                                                                              0
                                                                              5
                                      17
                                     H124
Phase Separation
                                                                              3
                                                                             10
                                                                             11
                                                                            238
                                                                            242
                                                                            480
                                      18
                                     H129
Other Treatment
                                                                              1
                                                                              1
                                                                              1

                                                                              0
                                      19
                                     H131
Land Treatment Or Application
                                                                              3
                                                                             68
                                                                             69