Soil, groundwater, and air contamination from liquid releases during accumulation and transportation on-site.  During accumulation, a number of factors could lead to a release, such as tank overflows or overtopping, leaks from damaged or deteriorated containers or tanks, complete failure of tank or container integrity, and run on/run off from the storage area.  During transfer, releases could include spills, overflows, and leaks from human error or deterioration of transport equipment (e.g., leaking pipes).  Solvent wastes are susceptible to such releases since they are commonly in a liquid state.
Air emissions from reclamation.  The solvent reclamation processes described above use the addition of heat to accomplish the desired chemical reactions (e.g., vaporization of organics, melting of metals).  These processes can produce air emissions from various locations, such as stacks, equipment leaks, and process vents.
Residues from on-site reclamation.  The reclamation processes described above could result in a hazardous waste that requires further treatment before land disposal in accordance with RCRA Subtitle C.
Electric Arc Furnace Dust
Fires and explosions.  Accumulation of dust can lead to explosion if near an ignition source.
Wind dispersal of particulate matter during accumulation and transportation on-site.  Wind dispersal can occur if the HSM is in the form of a dust or small, dry particles, adequate controls are not in place, and certain climatic conditions prevail (e.g., strong wind gusts). Electric arc furnace dust in particular might be susceptible to wind dispersal during accumulation or transfer, since it is often present in dust form, and may be stored in waste piles.
Soil and groundwater contamination can occur.  During transfer, spills due to human error or deterioration of transport equipment.
            References:
U.S. EPA (2007) An Assessment of Environmental Problems Associated With Recycling of Hazardous Secondary Materials.  (EPA-HQ-RCRA-2002-0031-0355). http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064801f3efb
U.S. EPA (2008) Definition of Solid Waste Final Rule. Federal Register Volume 73 Page 64663. October 30, 2008. http://www.epa.gov/wastes/hazard/dsw/index.htm
U.S. EPA Hazardous Waste List
http://www.epa.gov/epawaste/hazard/wastetypes/listed.htm
(link to 40 CFR §261.31 contains specific chemicals)
CDC (2010a) National Report on Human Exposure to Environmental Chemicals, Halogenated solvents - http://www.cdc.gov/exposurereport/data_tables/HalogenatedSolvents_ChemicalInformation.html
Other halogenated solvents -
http://www.cdc.gov/exposurereport/data_tables/OtherHalogenatedSolvents_ChemicalInformation.html
ATSDR Toxic Substances Portal
Main page to access Tox Profiles
http://www.atsdr.cdc.gov/toxprofiles/index.asp#bookmark05
Source: Delisting Petition For Treated K061, Max Environmental Technologies, Inc. (Hazardous Waste Management Services), Yukon, PA, CEC Project 210966, 11/2003. http://www.depweb.state.pa.us/pubpartcenter/lib/pubpartcenter/EQB/2004/yukon_delisting_petition.pdf

Regulatory Comparison - Summary of Comparative Results by Facility Type and Scenario
DSW Regulations Compared to Full Subtitle C Regulation

Resource Conservation and Recovery Act (RCRA) Definition of Solid Waste Exclusions
   *    Generator-Controlled Exclusion
   *    Transfer-Based Exclusion
Clean Air Act (CAA)
   * CAA Title V Air Quality Permitting Process
   * CAA Standards for Area Sources Not Subject to Title V Permit
   * Chemical Accident Prevention Provisions
Clean Water Act (CWA)
   *    Oil Pollution Prevention
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
   *    Release Notification (RQs)
Emergency Planning and Community Right-to-Know Act (EPCRA)
   *    Release Notification
Hazardous Materials Transportation Act (HMTA)
   *    Overview and Applicability
   *    Hazardous Materials Regulations
   *    Transportation of Hazardous Materials; Driving and Parking Rules
Occupational Safety and Health Act (OSH Act)
   *    Process Safety Management of Highly Hazardous Chemicals
   *    Hazardous Waste Operations and Emergency Response
   *    Hazard Communication

This section presents the results of EPA's comparison of the full RCRA Subtitle C hazardous waste regulations (baseline scenario) to the federal regulations applicable to facilities operating under the 2008 DSW final rule; in addition, this comparison also includes the Clean Air Act (CAA), the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Hazardous Materials Transportation Act (HMTA), and the Occupational Safety and Health Administration (OSHA).  EPA compared the regulatory requirements under each of the scenarios described in Section 2.1 of this report for the three types of facilities that could manage HSMs under the 2008 DSW final rule:   1. Generators
   2. Transporters
   3. Intermediate and Reclamation Facilities
This section describes the key regulatory differences applicable to each type of facility (i.e., generator, transporter, and intermediate and reclamation facilities) under the baseline and 2008 DSW scenarios, identifies the possible consequences of these differences, and indicates, under which of the 8 scenarios these differences and consequences could occur.  It also notes where the differences are dependent on whether the DSW exclusion is the TBE or the GCE.  The summary of comparative results is presented in a table that summarizes the regulatory differences and consequences by facility type and scenario.
This section only summarizes the key regulatory differences that may lead to a change in impacts to human health and the environment under the 2008 DSW rule. A more detailed comparative analysis of the regulatory provisions is presented in Attachment A.
DSW Scenarios
   1. Generator continues current recycling practices
   2. Generator switches from off-site disposal to on-site reclamation
   3. Generator switches from off-site disposal to off-site recycling under the control of the generator
   4. Generator switches from off-site disposal to off-site recycling at a RCRA-permitted facility
   5. Generator switches from off-site disposal to off-site recycling at a U.S. facility without a RCRA permit
   6. Generator switches from off-site disposal to exporting for recycling
   7. Generator switches from off-site recycling at a facility without a permit to another type of recycling under the 2008 DSW final rule
   8. Generator switches from off-site recycling at a RCRA-permitted facility or exporting waste for recycling to another type of recycling under the 2008 DSW final rule

            Generators
Following is a discussion of the key differences and consequences in the federal regulation of generators of hazardous waste and generators of HSM under the DSW exclusions.
The DSW exclusions allow generators to accumulate HSM on-site for longer periods of time than the hazardous waste regulations, which could lead to greater quantities being accumulated at any given time (All scenarios).  The hazardous waste regulations and the DSW exclusions set forth time limits for generators to accumulate HSM on-site.  Specifically, the hazardous waste regulations require generators to ship hazardous waste off-site every 90 or 180/270 days (depending on generator size and type of activity involved), whereas the DSW exclusions require generators to recycle (or ship for recycling) 75% of their hazardous secondary material within one calendar year.  This means that generators under the DSW exclusions could accumulate 75% of their HSM on-site for a calendar year and 25% for potentially longer periods.  In addition, the DSW exclusions do not include a quantity limit for on-site accumulation, in contrast to the hazardous waste regulations for small quantity generators (SQGs).
The DSW exclusions require that material be "contained," but do not prescribe specific technical standards for containment in contrast to the hazardous waste regulations (All scenarios).  The hazardous waste regulations and the DSW exclusions require containment of HSM in the unit.  The hazardous waste regulations prescribe specific design, installation, operating, and closure standards to address containment (e.g., storage limits, standards for container and tank design, operation, and inspection frequency).  Prescriptive requirements tend to facilitate inspection and enforcement, which helps to prevent releases.  The DSW exclusions do not include prescriptive requirements.  The DSW exclusions allow more flexibility in how HSMs can be contained.  Some generators and facilities under the DSW exclusions may choose to follow the hazardous waste regulations for their units, particularly if they operate other units that are subject to the hazardous waste regulations.
In addition, the GCE allows generators to manage their HSM in land-based units (e.g., surface impoundments, piles) but the exclusion does not prescribe containment standards. The hazardous waste regulations do not allow generators to manage hazardous waste in land-based units, unless they have a permit or interim status, which prescribe facility and unit design, operating and other standards.
Regulatory Requirements Considered
   * Legitimate Recycling
   * Storage Time Limit
   * Containment
   * Air Emissions
   * Emergency Preparedness and Response
   * Personnel Training
   * Reporting and Recordkeeping
   * Offsite Transportation
   * Exports
   * Regulation of Residues
   * Security
   * Financial Assurance
   * Requirement for a Permit
   * Public Involvement

The DSW exclusions do not include requirements for generators to control air emissions from their operations, in contrast to the hazardous waste regulations (All scenarios).  While the DSW exclusions require containment of the HSM, they do not include explicit requirements for control of air emissions.  The hazardous waste regulations prescribe specific design, operating, and other standards for controlling air releases from process vents, equipment leaks, and storage units by large quantity generators, whereas the DSW exclusions do not include such prescriptive requirements.   Some generators operating under the DSW exclusions may be required to get a permit under the CAA regulations.  Where facilities are subject to the CAA, requirements to control air emissions are comparable to the hazardous waste regulations.  However, facilities not subject to the CAA permitting requirements would not be required to provide a comparable level of control for air emissions from process vents, leaks, and storage units as the hazardous waste regulations.
As a result of the DSW exclusions, some generators may change in status under the hazardous waste regulations and be subject to less stringent hazardous waste regulation (All scenarios).  Under the hazardous waste regulations, a site that generates hazardous waste must determine its generator status by counting the quantity of hazardous waste that it produces during any given calendar month:
It is a large quantity generator (LQG) if it generates 1,000 kg or more of hazardous waste in a calendar month, 1 kg or more of acute hazardous waste in a calendar month, or 100 kg or more of any residue, soil, waste or other debris resulting from the cleanup of any acute hazardous waste.
It is a small quantity generator (SQG) if it generates greater than 100 kg but less than 1,000 kg of hazardous waste in a calendar month.
It is a conditionally exempt small quantity generator (CESQG) if it generates less than 100 kg of hazardous waste in a calendar month.
LQGs are generally subject to more stringent requirements than SQGs.  For example, LQGs must prepare and follow a contingency plan for emergencies, conduct recurring personnel training on emergency procedures, and comply with the full breadth of tank systems standards and air emission controls as applicable, whereas SQGs do not.  SQGs are subject to more stringent requirements than CESQGs, who are exempt from the hazardous waste regulation, provided they meet certain requirements.
A generator operating under a DSW exclusion would not be required to count its excluded HSM in determining its generator status under the hazardous waste regulations.  As a result, the generator may change to a different status (e.g., from LQG to SQG or CESQG) because it would have less hazardous waste to count and therefore would be subject to less stringent hazardous waste requirements.
Generator on-site reclamation may be less stringently regulated under the generator-controlled exclusion than the hazardous waste regulations (Scenarios 1, 2 and 8).  The hazardous waste regulations require LQG reclaimers to comply with the air emission controls (e.g., for process vents on reclamation units).  In addition, generators that reclaim hazardous waste on-site are required to obtain a permit if they store the waste for longer than 90 days for LQGs, or 180/270 days for SQGs (depending on type of activity involved), pending reclamation.  The permitting process requires public involvement.  The GCE does not include prescriptive requirements for air emissions; rather it requires that the material be "contained."  It also does not require a permit or public involvement.  In addition, it allows generators to manage their HSM in land-based units without a permit or interim status, unlike the hazardous waste regulations, which require a permit or interim status for the management of hazardous waste in land-based units.
The hazardous waste regulations and transfer-based exclusion require comparable procedures for exports (Scenario 1).  The hazardous waste regulations require an exporter of hazardous waste to fulfill the notice-and-consent requirements prior to export, submit an annual report summarizing export activities, and keep specified records.  The TBE also requires generators to perform notice-and-consent, annual reporting, and recordkeeping.   It also requires generators to perform reasonable efforts to audit the reclaimer.  Note that the GCE does not address exports because it requires that the material be generated and reclaimed within the U.S. and territories.
Some generators may switch from off-site reclamation or treatment/disposal at a RCRA-permitted facility to reclamation under the generator-controlled exclusion, which does not require a permit (Scenarios 2, 3 and 8).  Some generators may divert their HSM from off-site reclamation or treatment then disposal at a RCRA-permitted facility to on-site reclamation.  RCRA-permitted facilities are subject to prescriptive standards/conditions covering the design, construction, operation, financial assurance, emergency preparedness, and closure of the facility.  They also are subject to public involvement in the permitting process.  The GCE does not require prescriptive standards, a permit, or public involvement.  In addition, it allows generators to manage their HSM in land-based units without a permit or interim-status.  Reclaimers and treatment and disposal facilities must have a permit to manage hazardous waste in land-based units.
Reclamation under the generator-controlled exclusion is not subject to the "derived-from rule," as is reclamation under the hazardous waste regulations (Scenarios 1, 2, 3 and 8).  The hazardous waste regulations state that any material derived from a listed hazardous waste is also a listed hazardous waste.  This is called the "derived-from" rule.  It means that residues from the reclamation of a listed hazardous waste are they themselves that listed hazardous waste.  The GCE does not address how residues from the reclamation process should be managed and is therefore not comparable to the hazardous waste regulations in this regard.  As a result, generators under the exclusion could identify residuals to be a new point of generation for the purposes of applying the hazardous waste determination requirements of 40 CFR 262.11.  This raises the possibility that some residuals from the recovery process that were considered hazardous under full RCRA Subtitle C regulation would no longer be considered hazardous once they exit recovery units operated under the 2008 DSW final rule, provided they do not exhibit a characteristic.  As a result, such wastes could exit Subtitle C regulation.
The DSW exclusions require all generators to notify EPA of their HSM generation and management activities biennially, whereas the hazardous waste regulations require biennial reporting only for LQGs (All Scenarios).  The hazardous waste regulations and DSW exclusions have comparable requirements for initial and biennial submittals in regard to frequency and types of information submitted.  However, the DSW notification requirement applies to generators regardless of size.  The biennial reporting requirement in the hazardous waste regulations applies only to LQGs.  Notifications or other types of reporting helps the regulatory agency to plan and prioritize inspections, making enforcement more effective and potentially increasing compliance.
            Transporters
Following is a discussion of the key differences and consequences in the federal regulation of hazardous waste shipments and shipments of DSW-excluded HSMs.
Offsite transport of DSW-excluded material that qualifies as a DOT hazardous material is generally subject to transportation-related regulation comparable to hazardous waste shipments (Scenarios 1, 3, 4, 5, 6, 7, and 8).  The DOT regulations set forth requirements for DOT hazardous material shipments in regard to the use of shipping papers, packaging, labeling, marking, placarding, parking, and driving.  The DOT regulations apply to all hazardous wastes, as well as other materials, including commercial products, that qualify as a DOT "hazardous material."  A material qualifies as a DOT hazardous material if it 1) is listed in the Table in 49 CFR 172.101 (e.g., compounds), 2) is listed in the Appendices to the Table in 49 CFR 172.101, or 3) meets one or more of the hazard classifications (e.g., flammable liquid).
Following is a further discussion of the DOT requirements with regard to the generator-controlled exclusion and the transfer-based exclusion:
Generator-Controlled Exclusion. Prior to and during offsite transport, hazardous HSMs GCE that qualify as a DOT hazardous material would be subject to comparable transportation requirements as hazardous waste in regard to packing, labeling, marking, placarding, parking and driving.  Specifically, the DOT regulations apply similarly to hazardous waste and other types of DOT hazardous materials, such as excluded hazardous secondary material, in regard to these activities.  An exception, however, is that the excluded material would not be subject to the hazardous waste manifest requirements for chain-of-custody tracking and confirmation of receipt.
Transfer-Based Exclusion.  Onsite handling and offsite shipments of HSMs that qualify as a DOT hazardous material would be TBE subject to DOT regulation and must comply with comparable transportation requirements as hazardous waste in regard to packaging, labeling, marking, placarding, parking, driving, and tracking.  Note that the TBE requires recordkeeping of all off-site shipments by the generator and reclamation facility and a confirmation of receipt must be sent from the reclaimer to the generator.  These recordkeeping and transmittal requirements are comparable to the hazardous waste manifest requirements for chain-of-custody tracking and confirmation of receipt.
Onsite handling and offsite transportation of DSW-excluded material that no longer qualifies as a DOT hazardous material would not be subject to regulation comparable to hazardous waste shipments (Scenarios 1, 3, 4, 5, 6, 7, and 8).  Under the generator-controlled exclusion or transfer-based exclusion, transportation requirements for excluded HSMs GCE  the TBE that do not qualify as a DOT hazardous material would not be comparable to those for hazardous waste in regard to packing, labeling, marking, placarding, parking or driving (or tracking, for shipments under the GCE).  An excluded material would not need to comply with the DOT regulations if it is not listed in the Table in 49 CFR 172.101, is not listed in (or otherwise does not exceed its reportable quantity in) the Appendices to the table, and does not meet any hazard classification.
Further, the Reportable Quantities (RQs) contained in 49 CFR part 172 that trigger the DOT hazardous materials requirements are potentially different for hazardous waste and non-waste.  A material-specific RQ is used to determine whether a hazardous waste or other hazardous substances must comply with the DOT requirements (i.e., if the hazardous substance exceeds its RQ, it must comply).  In some cases the RQ for a hazardous waste would be lower because it is a hazardous waste than the RQ if the material were not considered a hazardous.  In these cases, a greater quantity of material would be required to exceed the RQ if the material were a non-waste.  This could result in some excluded materials not triggering the RQ requirements (at the lower level) and therefore not needing to comply with RQ-related DOT packaging and other regulations.
The generator-controlled exclusion does not require tracking of off-site shipments, in contrast to the hazardous waste regulations (Scenarios 3 and 8).  The hazardous waste regulations require the manifesting of all off-site shipments, which provides for chain-of-custody tracking of shipments and generator confirmation that the shipment has been received by the designated facility.  By contrast, the DSW GCE does not require tracking of shipments (e.g., from the generating site to an off-site reclamation facility owned by the generator) or recordkeeping that could serve a comparable purpose.  Further, if the shipment were subject to DOT regulation, a shipping paper must accompany it.  However, the destination facility need not keep a copy of it for three years or transmit to the original generator site (or place in its company files) confirmation of receipt.  Therefore, a generator making off-site shipments under the GCE would not be documenting that its excluded material reached the intended destination intact, as is required by the manifest regulations.
            Intermediate and Reclamation Facilities
Following is a discussion of the key differences and consequences in the federal regulation of hazardous waste storage facilities and HSM intermediate and reclamation facilities under the TBE.
Reclamation under the transfer-based exclusion is not subject to the "derived-from rule," as is reclamation under the hazardous waste regulations (Scenarios 1, 4, 5, 6, 7 and 8).  The hazardous waste regulations state that any material derived from a listed hazardous waste is also a listed hazardous waste.  This is called the "derived-from" rule.  It means, for example, that residues from the reclamation of a listed hazardous waste remain that listed hazardous waste.  The TBE states that residuals must be managed as hazardous waste if they exhibit a characteristic or are listed.  Hence, the derived-from rule does not apply to the residuals from the reclamation of hazardous secondary materials under the DSW exclusion.  This means that the residuals exiting the reclamation unit constitutes a new point of generation for the purposes of applying the hazardous waste determination requirements of 40 CFR 262.11.  If the residuals exhibit a hazardous characteristic, or they themselves are a listed hazardous waste, they would be considered hazardous wastes (unless otherwise exempted) and would have to be managed accordingly. If they did not exhibit a hazardous characteristic, or were not themselves a listed hazardous waste, they would need to be managed in accordance with applicable state or federal requirements for non-hazardous wastes.
The provisions on residuals under the TBE are intended to clarify that residuals from reclamation are subject to the waste characterization requirements and cannot simply be discarded as non-hazardous waste.  However, designating the residuals as a newly generated waste raises the possibility that some residuals from the recovery process that were considered hazardous under full RCRA Subtitle C regulation would no longer be considered hazardous upon exiting recovery units operated under the 2008 DSW final rule.
Some hazardous secondary materials may be diverted from off-site reclamation, treatment then disposal at a permitted facility under the hazardous waste regulations to off-site reclamation under the transfer-based exclusion, which is allowable without a RCRA permit; however, generator audits are required in those cases (Scenarios 5 and 8).  Permitted facilities are subject to prescriptive permit requirements and self-imposed conditions covering the design, construction, operation, financial assurance, closure, and post-closure of the facility and hazardous waste management units.  They also are subject to public involvement during the permitting process.  Reclamation under the TBE would be subject to fewer requirements, including no requirement for a permit or public involvement.  Thus, reclamation under the exclusion is not subject to emergency preparedness and response, personnel training, or prescriptive requirements for containment.  However, the TBE requires the generator to perform a "reasonable efforts" audit of facilities that do not have a RCRA permit covering management of the material.  The generator audit must focus on specified areas (e.g., the reclaimer's compliance history).  In addition, facilities must obtain financial assurance.  In general, however, facilities under the TBE would be subject to fewer prescriptive requirements, no public involvement, and possibly less regulatory oversight than permitted facilities.
The transfer-based exclusion requires that material be "contained," but does not prescribe specific standards for containment in contrast to the hazardous waste regulations (Scenarios 5 and 8).  The hazardous waste regulations and TBE require containment of the HSMs in the unit.  The hazardous waste regulations prescribe specific design, installation, operating, closure and post-closure standards to address containment.   Prescriptive requirements could facilitate inspection and enforcement, which could help to prevent releases.  The TBE does not contain prescriptive requirements for containment.  The exclusion requires that the material be managed in a manner that is at least as protective as that employed for analogous raw material and be contained.  As such, the TBE is performance oriented and allows more flexibility in how hazardous secondary materials can be managed and contained.
The transfer-based exclusion does not include standards for controlling air emissions from process vents, equipment leaks, or storage units in contrast to the hazardous waste regulations (Scenarios 5 and 8).  While the DSW transfer-based exclusions require containment of HSMs, they do not include explicit requirements for control of air emissions whereas the hazardous waste regulations set forth prescriptive design, operating and other standards to control air releases from process vents, leaks, and storage units.  The TBE does not include such prescriptive requirements.
Some reclaimers operating under the DSW exclusions may be required to get a permit under the CAA regulations.  Where such facilities are subject to the CAA, requirements to control air emissions are comparable to the hazardous waste regulations.  However, facilities not subject to CAA permitting would not be required to provide a comparable level of control of air emissions from process vents, leaks, and storage units as the hazardous waste regulations.
Some hazardous secondary material may be diverted from permitted off-site facilities to being exported for reclamation under the transfer-based exclusion, which does not require a permit.  However, the importing facility must pass generators' "reasonable efforts" audit (Scenario 6 and 8).  As described above, permitted facilities are subject to prescriptive permit requirements covering the design, construction, operation, air emission controls, financial assurance, closure and post-closure of the entire facility.  They also are subject to public involvement during the permitting process.  Under the TBE, the HSM may be exported to a foreign facility, which is not subject to a permit or public involvement.  However, the exclusion would require generators to make reasonable efforts to audit the facility before exporting the material to a foreign facility.
Some hazardous secondary materials may be diverted from unpermitted off-site reclaimers under the hazardous waste regulations to different off-site reclaimers under the transfer-based exclusion (Scenario 7).  Under the hazardous waste regulations, reclaimers that do not store hazardous waste pending reclamation are not subject to the prescriptive hazardous waste requirements (e.g., for design, operation, financial assurance, closure of the facility or units), except as otherwise specified.  They also are not subject to a hazardous waste permit or public involvement.
Under the TBE, off-site reclaimers are, among other things:
Required to manage the HSM in a manner that is at least as protective as analogous raw material, contain the material, have financial assurance, and keep specified records.  In addition, unless it has a RCRA permit covering management of the material, it must pass a generator audit before it can receive the generator's material.
Allowed to store HSM without a permit or prescriptive standards, unlike hazardous waste reclaimers, which are subject to a permit if they store HSM.
The TBE generally includes more stringent requirements than the hazardous waste regulations for reclaimers that do not store the HSM before reclamation.  It includes less stringent requirements for reclaimers that store the HSM before reclamation.
Summary of Comparative Results by Facility Type and Scenario
Table 2.3 summarizes the key regulatory differences and consequences described in Section 2.3.  They are summarized by facility type and scenario.
Table 2.3.  Key Differences in Regulatory Requirements Between Hazardous Waste Regulations (HWRs) and DSW Exclusions by Scenario
                                   Scenarios
                                 Generators[b]
                                 Transporters
                    Intermediate and Reclamation Facilities
1. Generator continues current reclamation practices (where allowed under DSW)[c]
HSM can be accumulated on-site for longer periods of time under exclusions, resulting in potentially greater aggregate quantities on-site at any given time

Exclusions require containment, but do not include prescriptive standards, whereas HWRs are prescriptive

GCE allows management of HSM in land-based units without a permit or interim-status, unlike HWRs

Generators could change in status (e.g., LQG to SQG) as a result of exclusions and be subject to less stringent HWRs

Export procedures under HWRs  and TBE are comparable

Unlike HWRs, the GCE does not extend "derived-from" rule to residuals potentially resulting in materials exiting Subtitle C

DSW exclusions require all generators to notify EPA biennially, whereas HWRs require biennial reporting only  for LQGs
When transported offsite, excluded HSMs that qualify as DOT hazardous material would be subject to DOT transportation regulations that are comparable to HWRs

Some excluded material may no longer qualify as a DOT hazardous material and be subject to DOT transportation regulations (e.g., no standards for packaging, marking, labeling)
There is no change in storage methods or recycling practices for HSM that has been diverted from off-site RCRA permitted facility under HWRs to off-site RCRA permitted facility under TBE

The GCE and TBE do not extend "derived-from" rule to residuals, as do HWRs, potentially resulting in residuals exiting Subtitle C
2. Generator switches from off-site treatment then disposal at a RCRA facility to on-site reclamation under generator-controlled exclusion
HSM can be accumulated on-site for longer periods of time under GCE, resulting in potentially greater quantities on-site at any given time

The GCE requires HSM to be "contained," but does not include prescriptive standards, whereas  HWRs are prescriptive

GCE allows management of HSM in land-based units without a permit or interim-status, unlike HWRs

Generators could change in status (e.g., from LQG to SQG) as a result of exclusion and be subject to less stringent hazardous waste regulation

Off-site management at permitted facility is more stringently regulated than reclamation under the GCE (e.g., no permit or public involvement is required)

The GCE does not extend "derived-from" rule to residuals of reclamation, as do the HWRs, potentially resulting in some materials exiting RCRA Subtitle C

DSW exclusions require all generators to notify EPA biennially, whereas HWRs require biennial reporting only LQGs
N/A
N/A
3. Generator switches from off-site disposal at a RCRA facility to off-site reclamation under generator-controlled exclusion[d]

HSM can be accumulated on-site for longer periods of time under GCE, resulting in potentially greater quantities on-site at any given time

The GCE requires HSM to be "contained," but does not include prescriptive standards, whereas  HWRs are prescriptive

GCE allows management of HSM in land-based units without a permit or interim-status, unlike HWRs

Generators could change in status (e.g., from LQG to SQG) as a result of exclusions and be subject to less stringent hazardous waste regulation

Off-site management at permitted facility is more stringently regulated than reclamation under the GCE (e.g., no permit or public involvement is required)

The GCE does not extend "derived-from" rule to residuals of reclamation, as do the HWRs, potentially resulting in some materials exiting RCRA Subtitle C

DSW exclusions require all generators to notify EPA biennially, whereas HWRs require biennial reporting only LQGs

Excluded materials that qualify as DOT hazardous material would be subject to comparable DOT transportation regulations as hazardous waste, except that the GCE does not require manifest or other tracking of off-site shipments to same-company reclaimer or between tolling contractor and toll manufacturer

Some excluded material may no longer qualify as a DOT hazardous material and be subject to DOT transportation regulations (e.g., no standards for packaging, marking, labeling)

N/A
4. Generator switches from off-site disposal at a RCRA facility to off-site permitted reclamation at a U.S. facility under transfer-based exclusion
HSM can be accumulated on-site for longer periods of time under exclusion, resulting in potentially greater quantities on-site at any given time

The TBE requires HSM to be "contained," but does not include prescriptive standards, whereas HWRs are prescriptive

Generators could  change in status (e.g., from LQG to SQG) as a result of exclusion and be subject to less stringent hazardous waste regulation

DSW exclusions require all generators to notify EPA biennially, whereas HWRs require biennial reporting only LQGs
Excluded materials that qualify as DOT hazardous material would be subject to comparable DOT transportation regulations as hazardous waste

Some excluded material may no longer qualify as a DOT hazardous material and be subject to DOT transportation regulations (e.g., no standards for packaging, marking, labeling)

There is no change in storage methods or recycling practices under the exclusion (offsite recycler still RCRA permitted)

The TBE does not extend "derived-from" rule to residuals of reclamation, as do the HWRs, potentially resulting in some materials exiting Subtitle C
5. Generator switches from off-site disposal at a RCRA facility to off-site reclamation at a U.S. facility without a RCRA permit under transfer-based exclusion
HSM can be accumulated on-site for longer periods of time under exclusions, resulting in potentially greater quantities on-site at any given time

The TBE requires HSM to be "contained," but does not include prescriptive standards, whereas HWRs are prescriptive

Generators could change in status (e.g., from LQG to SQG) as a result of exclusions and be subject to less stringent hazardous waste regulation

DSW exclusions require all generators to notify EPA biennially, whereas HWRs require biennial reporting only LQGs
Excluded materials that qualify as DOT hazardous material would be subject to comparable DOT transportation regulations as hazardous waste

Some excluded material may no longer qualify as a DOT hazardous material and be subject to DOT transportation regulations (e.g., no standards for packaging, marking, labeling)

Facilities under the TBE would not have a permit and thus would be less stringently regulated than permitted facilities (e.g., no public involvement, fewer prescriptive requirements).  However, facilities must pass "reasonable efforts" audit and obtain financial assurance under TBE

TBE requires HSM to be "contained" and managed in a manner that is at least as protective as that employed for analogous raw material, but does not include prescriptive standards, whereas HWRs are prescriptive

The TBE does not extend "derived-from" rule to residuals of reclamation, as do the HWRs, potentially resulting in some materials exiting RCRA Subtitle C
6. Generator switches from off-site disposal at a RCRA facility to exporting for reclamation under transfer-based exclusion

HSM can be accumulated on-site for longer periods of time under exclusion, resulting in potentially greater quantities on-site at any given time

The TBE requires HSM to be "contained," but does not include prescriptive standards, whereas HWRs are prescriptive

Generators could change in status (e.g., from LQG to SQG) as a result of exclusions and be subject to less stringent hazardous waste regulation

Export procedures under HWRs  and TBE are comparable

DSW exclusions require all generators to notify EPA biennially, whereas HWRs require biennial reporting only LQGs
Excluded materials that qualify as DOT hazardous material would be subject to comparable DOT transportation regulations as hazardous waste

Some excluded material may no longer qualify as a DOT hazardous material and be subject to DOT transportation regulations (e.g., no standards for packaging, marking, labeling)

Facilities that receive imports under the TBE are not required to obtain a permit.  However, facility must pass "reasonable efforts" audit under TBE

The TBE does not extend "derived-from" rule to residuals, as do the HWRs, potentially resulting in materials exiting Subtitle C

7. Generator switches from off-site reclamation at a facility without a permit (no storage) to offsite reclamation under transfer-based exclusion[e]
HSM can be accumulated on-site for longer periods of time under exclusions, resulting in potentially greater quantities on-site at any given time

The TBE requires HSM to be "contained," but does not include prescriptive standards, whereas HWRs are prescriptive

Generators could change in status (e.g., from LQG to SQG) as a result of exclusions and be subject to less stringent hazardous waste regulation

Export procedures under HWRs  and TBE are comparable

DSW exclusions require all generators to notify EPA biennially, whereas HWRs require biennial reporting only LQGs
Excluded materials that qualify as DOT hazardous material would be subject to comparable DOT transportation regulations as hazardous waste

Some excluded material may no longer qualify as a DOT hazardous material and be subject to DOT transportation regulations (e.g., no standards for packaging, marking, labeling)

The TBE is more stringent than the HWRs in situations where HSM is not stored before reclamation (e.g., the TBE requires financial assurance, containment, protective management and generator audit, whereas HWRs do not require a permit, financial assurance, etc.).  However, the HWRs are more stringent in some aspects than the TBE in situations where the HSM is stored before reclamation (e.g., the HWRs require a permit, whereas the TBE does not).

The TBE does not extend "derived-from" rule to residuals of reclamation, as do the HWRs, potentially resulting in some materials exiting Subtitle C
8. Generator switches from off-site reclamation at a RCRA facility to another type of reclamation under the 2008 DSW final rule
Refer to Scenarios 2 through 6 for regulatory differences and consequences applicable to Scenario 8.  Scenarios 2 through 6 involve generators switching from off-site permitted disposal to another type of reclamation under the DSW exclusions.  Scenario 8 involves generators switching from off-site permitted reclamation to another type of reclamation under DSW exclusions.  As such, Scenarios 2 through 6 include the same types of regulatory differences and consequences as Scenario 8.

[a] Abbreviations include the following: HSM = hazardous secondary material; HWRs = hazardous waste regulations; GCE = generator-controlled exclusion; TBE = transfer-based exclusion; LQGs = large quantity generators; SQGs = small quantity generators.
[b] Under the GCE, generators may perform reclamation on-site or send it off-site to a same-company reclaimer or toll manufacturer under its control.  This column addresses these off-site facilities (i.e., same-company reclaimers and toll manufacturers) as generators.
[c] This scenario includes generators that continue their current practices under the exclusions by either reclaiming on-site, shipping to a permitted, off-site reclamation facility, or exporting the material for reclamation.
[d] This scenario includes generators switching from off-site disposal to sending the material to either a same-company reclaimer or toll manufacturer under the GCE.
[e] This scenario includes generators switching from off-site reclamation at a facility without a permit to another type of reclamation under the TBE, including either off-site reclamation at a RCRA-permitted facility, off-site reclamation at a facility without a permit, or export of the material to a company in another country.

Likelihood of Hazards under Scenarios
This section presents EPA's analysis of the likelihood of changes in hazards under the 2008 DSW final rule for each type of facility (generators, transporters, and intermediate and reclamation facilities) and each scenario described in Section 2.1.  The analysis was based on the changes in management practices for HSM described in Section 2.1, the hazards identified in Section 2.2., and the regulatory comparison presented in Section 2.3.  The discussion includes a description of each hazard, and whether the likelihood of the hazard is increased, decreased, or might be transferred between communities.  Potentially increased hazards are discussed in section 2.55.1, while section 2.55.2 presents EPA's discussion of potential reductions and transfers of hazards.
Potentially Increased Hazards under DSW Exclusions
EPA analyzed the information in the preceding sections of this report to determine whether the hazards associated with the generation, transportation and reclamation of HSM would potentially increase under the DSW exclusions.  EPA considered hazards to increase where it determined that either the probability of the hazard occurring or the potential magnitude of the hazard increased.  In some cases, the hazard may increase at one facility, while decreasing at another facility.  For example, changing the management of their HSM from off-site incineration to on-site reclamation is likely to increase potential hazards at the reclamation facility, while decreasing them at the incineration facility.  This section discusses only the potential increases in hazards.  Potential decreases in hazards are discussed in section 2.55.2.
This analysis was based on the changes in management practices for HSM described in the Scenarios in Section 2.1, the general hazards associated with the generation, transportation, storage, and reclamation of HSM presented in Section 2.2, as well as the regulatory differences between the hazardous waste regulations and DSW exclusions identified in Section 2.3.  Through this analysis of hazards, EPA determined that these regulatory differences (e.g., differences in stringency and scope), and the resulting changes in behavior by facilities generating and managing HSM, could result in an increase in potential hazards under the DSW exclusions.  EPA presents this analysis for generators, transporters, and intermediate and reclamation facilities.  For each type of hazard, the scenarios from Section 2.1 under which it might increase are identified.
            Generators
Fires and Explosions (Scenarios 1 through 8).  Some HSM, such as solvents, are often flammable, and can ignite to create fires and explosions.  HSM may also contain volatile chemicals, which can be released to the air, and if flammable, these air emissions may cause fires and explosions if ignited, causing injury or property damage.  Fires and explosions may also involve other toxic or hazardous gasses.  Fire and explosion hazards under the DSW exclusions could increase for generators because of the following:
HSM can be accumulated longer, and potentially greater quantities can be accumulated   on-site.   A longer accumulation period means that there is a greater likelihood for release of the HSM.  For example, there is greater likelihood that solvents could be inadvertently commingled in a container or storage area with incompatible materials and wastes, such as oxidizers, which could cause an explosion or fire hazard.  There is also a greater likelihood that solvents could be stored near ignition sources (e.g., open flames) or be stored in excessive heat, which could increase fire and explosion hazards.  Longer storage also increases the likelihood that drums or other containers could leak due to corrosion, accidents, or other causes over time.  The leaked material could then volatilize or be exposed to an ignition source, resulting in a fire or explosion.
Greater accumulation quantities also mean that the magnitude of a potential fire or explosion could be greater.  Generators could also be responsible for managing a greater number of tanks and containers to contain the greater volume or may overload/overfill storage units while attempting to manage the greater volume using existing tank and container capacity, which could make it more difficult to ensure the HSM is contained.  For example, the generator may need to spend more effort to make sure the covers of a greater number of containers are kept tightly closed to prevent the escape of potentially combustible vapors.
No explicit containment standards.  The DSW exclusions do not include explicit standards for containment of HSM in tanks and containers, in contrast to the hazardous waste regulations.  In addition, the GCE allows management of HSM in land-based units without a permit or interim-status, unlike the HWRs.  Consequently, generators might not take the same steps to minimize the potential for fires and explosions.  The hazardous waste regulations prescribe specific design and operating standards and air emission controls for tanks and containers, including keeping these units tightly covered and using vent systems (e.g., fixed roof, flares) if needed.  In addition, the HWRs require that certain units be provided with a means to protect against the formation and ignition of vapors within the tank if the waste being stored or treated is ignitable or reactive.  These controls, which could be helpful in preventing fires and explosions and the emission of potentially combustible vapors to the atmosphere, are not specifically required under the DSW exclusions.  The hazardous waste regulations also include procedures for segregating reactive, ignitable and incompatible wastes, and for locating ignitable and reactive wastes at least 15 meters from the facility's property line, which can reduce the likelihood of fires and explosions, or reduce the risk of them impacting nearby properties and individuals on those properties.  Finally, unlike the hazardous waste regulations, the DSW exclusions allow generators to accumulate their HSM in land-based units, including surface impoundments and waste piles, provided the HSMs are contained in such land-based units.  The hazardous waste regulations, on the other hand, provide that only permitted and interim-status facilities can operate these land-based units, and they must follow explicit requirements for containment of the waste during operation, closure and post-closure care.  The DSW exclusions do not require explicit containment requirements for these or other unit types.
Generator drop in status.  A generator operating under a DSW exclusion would not be required to count its excluded HSM in determining its generator status.  As a result, the generator's classification may change from a LQG to a SQG or CESQG because it would have less hazardous waste to count toward its monthly total and therefore be subject to less stringent hazardous waste requirements.  For example, SQGs are subject to less stringent requirements for tank systems, the control of air emissions, personnel training, contingency planning and emergency procedures.  As a result, a generator that drops from LQG to SQG generally would become less stringently regulated in regard to the prevention and control of fire and explosion hazards.  Examples of regulatory differences between LQGs and SQGs that might impact fire and explosion hazards include:
The SQG's HSM and hazardous waste would no longer be subject to air emission controls that are designed to prevent the escape of potentially combustible vapors from containers and tanks.
The SQG would not be required to provide ongoing personnel training in emergency procedures (e.g., fire control), or to maintain a contingency plan that spells out these procedures and identifies the location of emergency equipment (e.g., fire equipment).
Some LQGs and SQGs could become CESQGs under the exclusion. CESQGs generally are not subject to the full hazardous waste regulations provided they meet certain requirements.
Generator on-site reclamation under the GCE may be less stringently regulated than permitted reclamation or treatment then disposal under the hazardous waste regulations.  Unlike the hazardous waste regulations, the GCE does not require a permit, public involvement, or explicit HSM management requirements.  For example, the GCE does not require generators to follow explicit standards for containment (e.g., no explicit standards for secondary containment, run-on/run-off controls, and inspections), contingency planning or procedures, or personnel training for emergencies (e.g., how to address fires and explosions).  If HSM is diverted from permitted reclamation or treatment then disposal under the hazardous waste regulations to reclamation under the GCE, there is no assurance that the generator will carry out comparable activities.
HSM could be increasingly diverted from hazardous waste management and disposal to on-site reclamation under the GCE.  On-site reclamation could increase the risk of fires and explosions at generator facilities due to increased volumes accumulated and air emissions from reclamation processes, the use of heat in reclamation processes, and the potential mixing of wastes for reclamation.  For example, the reclamation of solvents typically involves the use of distillation, which requires the application of heat.  Solvents generally become more volatile as the temperature increases, which could lead to greater air emissions that, if not adequately captured, recovered or destroyed could be a source for a fire or explosion.
Soil and Water Contamination (Scenarios 1 through 8).  During on-site accumulation, HSM releases can occur from factors, such as spills due to human error or deterioration of equipment; tank overflows or overtopping; leaks from damaged or deteriorated containers or tanks; complete failure of tank or container integrity; and run on/run off from the storage area.  During on-site transfer, releases could include spills, overflows, and leaks from human error or deterioration of transport equipment (e.g., leaking pipes).  Solvent wastes are especially susceptible to such releases since they are commonly in a liquid state.  Soil and water contamination hazards under the DSW exclusions could increase because of the following:
HSM can be accumulated longer, and potentially greater quantities can be accumulated on-site.   A longer accumulation period means that there is a greater likelihood for inadvertent mismanagement of the HSM, such as spills and leaks due to human error or equipment malfunction.  There is also a greater likelihood that over time, accumulation units could deteriorate due to corrosion, accidents, or mishandling, which could cause a release.
Further, greater accumulation quantities mean there is greater likelihood that accumulation units could be filled beyond capacity and release HSM from overtopping.  In addition, a greater quantity of HSM to be managed could make it more difficult for the generator to contain and detect releases, and the potential magnitude of a release could be greater.
No explicit containment standards.  The DSW exclusions do not include explicit standards for containment of HSM in tanks, containers, containment buildings and land-based units as do the hazardous waste regulations.  The hazardous waste regulations, for example, include land-based unit design requirements for liners and leachate collection and removal systems, dikes, and run-on/run-off systems.  They also include operating controls and practices to prevent spills and overflows (e.g., maintenance of sufficient freeboard in uncovered tanks), as well inspection requirements (e.g., tank owner/operators must inspect overfill/spill control equipment and tanks to detect corrosion and releases).  Because the DSW exclusion does not include such explicit requirements, there is less assurance that generators will adopt comparable controls and procedures to prevent release and respond to them if they occur.  Finally, unlike the hazardous waste regulations, the DSW exclusions allow generators to accumulate their HSM in land-based units including surface impoundments and waste piles, provided the HSMs are contained in such land-based units.  However, the DSW exclusions do not require explicit containment requirements for these or other unit types.  The use of land-based units may increase the likelihood of releases to soil, groundwater, and surface water.  For example, precipitation and run-on/runoff from land-based units may cause contaminants to leach or be carried out of the unit and contaminate environmental media.
Generator drop in status.  A generator under a DSW exclusion would not be required to count its excluded HSM in determining its generator status under the hazardous waste regulations; and therefore, it could drop in status (e.g., from LQG to SQG) and be subject to less stringent requirements.  Examples of regulatory differences between LQGs and SQGs include:
SQGs would no longer need to comply with as many explicit tank design and operating requirements (e.g., liner, leachate collection and removal system, controls and practices to prevent spills and overflows).
SQGs would no longer need to provide ongoing personnel training in emergency procedures (e.g., response to groundwater contamination), or to maintain a contingency plan that spells out these procedures and identifies the location of emergency equipment.
Some LQGs and SQGs could become CESQGs under the exclusion.  CESQGs generally are not subject to the full hazardous waste regulations provided they meet certain requirements.
Generator on-site reclamation under the GCE may be less stringently regulated than permitted reclamation or treatment then disposal under the hazardous waste regulations.  Unlike the hazardous waste regulations, the GCE does not require a permit, public involvement, or explicit HSM management requirements.  For example, the GCE does not require generators to follow explicit standards for containment (e.g., no explicit standards for secondary containment, run-on/run-off controls, or inspections), contingency planning or procedures, or personnel training for emergencies (e.g., how to address groundwater releases).  If HSM is diverted from permitted reclamation or disposal under the hazardous waste regulations to reclamation under the GCE, there is no assurance that the generator will carry out comparable activities.
HSM could be increasingly diverted from off-site hazardous waste management to on-site reclamation under the GCE.  The additional processing required for on-site reclamation could result in more releases to soil and water at generator facilities.  For example, recycling by distillation of a solvent may require filtration, distillation, condensation, or other processing.  As the solvent is passed through the pipes, valves, and other equipment used in the distillation process, the likelihood of a release through leaks and spills increases.
Volatile Air Emissions (Scenarios 1 through 8).  Volatile organic air emissions can occur during accumulation and transportation on-site.  For example, solvents held in tanks or containers could volatilize and escape to the atmosphere through open container lids, uncovered tanks, leaks and vents, breathing losses, and container filling and emptying.  Volatile emission hazards under the DSW exclusions could increase because of the following:
HSM can be accumulated longer, and potentially greater quantities can be accumulated on-site.  A longer accumulation period could increase the inadvertent mismanagement of the HSM, such as leaving container lids off of containers, which would allow greater escape of emissions.  In addition, it is possible that there could be greater opening and closing of tanks and containers as HSM is added, transferred, and removed from units.  There is also a greater likelihood that accumulation units could deteriorate due to corrosion, accidents, or mishandling, which could cause a release.  In addition, a greater quantity of HSM to be managed could make it more difficult for the generator to contain and detect releases, and the potential magnitude of a release would be greater.
No explicit containment standards.  The DSW exclusions do not include explicit standards for containment of volatile organic emissions as do the hazardous waste regulations.  For example, LQGs may need to install a fixed roof to help control air pollutant emissions from tanks, or use containers that meet applicable DOT regulations.  Because the exclusions do not include explicit requirements, there is less assurance that generators will follow controls that will be comparable to the hazardous waste requirements.
Generator drop in status.  A generator under a DSW exclusion would not be required to count its excluded HSM in determining its generator status under the hazardous waste regulations; therefore, it could change its regulatory status (e.g., from LQG to SQG) and be subject to less stringent requirements. For example, SQGs would no longer need to comply with air emission controls described above.  This could result in increased air emissions.
Generator onsite HSM management prior to on-site reclamation under the GCE may be less stringently regulated than permitted reclamation or treatment then disposal under the hazardous waste regulations.  Unlike the hazardous waste regulations, the GCE does not require a permit, public involvement, or explicit HSM management requirements.  For example, the GCE does not require generators to follow explicit standards for containment (e.g., no explicit standards for secondary containment, run-on/run-off controls, or inspections), contingency planning or procedures, or personnel training for emergencies (e.g., how to address fires).  If HSM is diverted from permitted reclamation or disposal under the hazardous waste regulations to reclamation under the GCE, there is no assurance that the generator will carry out comparable activities.
HSM could be increasingly diverted from hazardous waste management and disposal to on-site reclamation under the GCE.  The additional processing required for on-site reclamation could result in more air emissions at generator facilities.  For example, recycling by distillation of a solvent may require filtration, distillation, condensation, or other processing.  As the solvent is passed through the pipes, valves, and other equipment used in the distillation process, volatile emissions from fittings, valves, and process equipment could increase.  In addition, many reclamation processes, such as distillation of solvents, require the application of heat.  Solvents generally become more volatile as the temperature increases, which could lead to greater air emissions.  Changes in temperature can also increase breathing losses from tanks and equipment, leading to increased air emissions.
Particulate Wind Dispersal (Scenarios 1 through 8).  Wind dispersal can occur during accumulation and on-site movement of the HSM if the HSM is in the form of a dust or small, dry particles, adequate controls are not in place, and certain climatic conditions prevail (e.g., strong wind gusts).  For example, electric arc furnace dust might be susceptible to wind dispersal, since it is often present in dust form and may be stored in land-based units such as waste piles.  Wind dispersal hazards under the DSW exclusions could increase because of the following:
HSM can be accumulated longer, and potentially greater quantities can be accumulated on-site.  A longer accumulation period means that there is a greater likelihood for inadvertent mismanagement of the HSM, such as failure to ensure waste piles are covered or wet to control dust.  Further, greater accumulation quantities mean there is greater likelihood that accumulation units could be filled beyond capacity and release HSM.  In addition, a greater quantity of HSM to be managed could make it more difficult for the generator to contain and detect releases, and the potential magnitude of a release could be greater.
No explicit containment standards.  The DSW exclusions do not include explicit standards for control of wind dispersal of particulates as do the hazardous waste regulations.  For example, generators must keep their containers closed when not filling or emptying them.  In addition, tank systems of LQGs must have wind dispersal controls, if needed.  Further, the GCE allows generators to manage their HSM in land-based units without a permit or interim status, unlike the HWRs.  The GCE does not prescribe wind dispersal controls for land-based units as do the HWRs.  For example, the HWRs require that surface impoundments be designed and operated to prevent wind and wave action.  Because the exclusions do not include explicit requirements, there is less assurance that generators will follow controls that will be comparable to the hazardous waste management unit requirements.
Generator drop in status.   A generator under a DSW exclusion would not be required to count its excluded material in determining its generator status under the hazardous waste regulations; therefore, it change its regulatory status (e.g., from LQG to SQG) and be subject to less stringent requirements. For example, SQGs would no longer need to comply with the wind dispersal requirements for tanks, which only apply to LQGs.
Residues from Reclamation (Scenarios 1 through 3 and 8).  Reclamation processes (e.g., distillation and high temperature metals recovery) could result in a hazardous waste residue that requires further treatment before land disposal in accordance with the RCRA Subtitle C regulations.  The hazardous waste regulations state that any material derived from a listed hazardous waste is also a listed hazardous waste.  This is called the "derived-from" rule.  It means, for example, that residues from the reclamation of a listed hazardous waste remain that listed hazardous waste.  The GCE does not address how residues from the reclamation process should be managed and is therefore not comparable to the hazardous waste regulations in this regard.  As a result, generators under the exclusion could identify the point at which residuals exit the unit to be a new point of generation for the purposes of applying the hazardous waste determination requirements of 40 CFR 262.11.  This raises the possibility that some residuals from the recovery process that were considered hazardous under full RCRA Subtitle C regulation would no longer be considered hazardous when exiting recovery units operated under the DSW rule, unless such residue was also a listed hazardous waste.  As a result, such wastes could exit Subtitle C regulation.
Abandoned Materials (Scenarios 1 through 3 and 8).  A significant number of the environmental damage cases evaluated by the Agency involve abandoned materials.  EPA believes that bankruptcies and other business failures were responsible for a number of the cases involving abandoned materials.  Abandoned HSMs under the DSW exclusions could increase because of the following:
HSM can be accumulated longer, and potentially greater quantities can be accumulated on-site.  A greater accumulation quantity could mean that the quantity of material abandoned could be greater, increasing the magnitude of problems associated with abandoned materials, such as the extent of contamination of environmental media and cleanup costs.  For example, a generator acting under the 2008 DSW final rule could go out of business with potentially greater quantities of accumulated, non-processed, and possibly not appropriately contained HSM on the property.
Generator on-site reclamation under the GCE may be less stringently regulated than permitted reclamation or disposal under the hazardous waste regulations.  The GCE does not require financial assurance for reclamation under the generator's control.  Similarly, the hazardous waste regulations do not require financial assurance for generators that perform reclamation in their 90- and 180-day tanks and containers.  In this respect, the likelihood for abandonment of materials due to financial hardship under the GCE and the hazardous waste regulations is comparable.  However, unlike the hazardous waste regulations, the GCE does not require a permit, public involvement, or explicit HSM management standards.  The hazardous waste regulations do require generators to obtain a permit if they store their hazardous waste for longer than 90 days for LQGs or 180/270 days for SQGs (depending on type of activity involved), pending reclamation on-site.  These generators would be subject to a number of permit conditions that would reduce the likelihood of abandoned materials (e.g., financial assurance requirements, corrective action, closure notification and plans).  Hence, the likelihood for abandonment of HSMs due to financial hardship under the GCE is not comparable to the hazardous waste regulations when the HSM is stored (for more than 90 or 180/270 days,  depending on generator size and type of activity involved), pending on-site reclamation.

Table 2.4.  Potential Incremental Hazards under DSW Rule: Generators
                   Regulatory Differences under DSW Rule[a]
                         Potential Incremental Hazards

                                Fire/ Explosion
                           Soil/Water Contamination
                            Volatile Air Emissions
                          Particulate Wind Dispersal
                           Residues from Reclamation
                              Abandoned Materials
Scenario 1:  Generator continues current reclamation practices[b]
HSM accumulated longer, potentially greater quantities on-site
                                       X
                                       X
                                       X
                                       X

                                       X
No explicit containment standards
                                       X
                                       X
                                       X
                                       X

Potential generator change in regulatory status
                                       X
                                       X
                                       X
                                       X

On-site generator reclamation potentially less stringently regulated
                                       X
                                       X
                                       X
                                       X

                                     X[c]
No derived-from rule, listed residues potentially exit Subtitle C

                                       X

Scenario 2: Generator switches from off-site disposal to on-site reclamation
HSM accumulated longer, potentially greater quantities on-site
                                       X
                                       X
                                       X
                                       X

                                       X
No explicit containment standards
                                       X
                                       X
                                       X
                                       X

Potential generator change in regulatory status
                                       X
                                       X
                                       X
                                       X

On-site generator reclamation potentially less stringently regulated
                                       X
                                       X
                                       X
                                       X

                                       X
No derived-from rule, listed residues potentially exit Subtitle C

                                       X

Scenario 3: Generator switches from off-site disposal to off-site recycling under the control of the generator[d]
HSM accumulated longer, potentially greater quantities on-site
                                       X
                                       X
                                       X
                                       X

                                       X
No explicit containment standards
                                       X
                                       X
                                       X
                                       X

Potential generator change in regulatory status
                                       X
                                       X
                                       X
                                       X

Scenario 4 through 8: Generator switches to off-site recycling
HSM accumulated longer, potentially greater quantities on-site
                                       X
                                       X
                                       X
                                       X

No explicit containment standards
                                       X
                                       X
                                       X
                                       X

Potential generator change in regulatory status
                                       X
                                       X
                                       X
                                       X

On-site generator reclamation potentially less stringently regulated
                                       X
                                       X
                                       X
                                       X

                                       X
No derived-from rule, listed residues potentially exit Subtitle C

                                       X

[a] These differences were identified by comparing the federal regulations applicable to hazardous waste generators and generators of DSW-excluded materials. See Section 2.3 of this report for additional information.
[b] Abandonment of HSMs could be more likely to occur under the GCE than hazardous waste regulations for reclaimers that store their HSM pending reclamation.
[c] This scenario includes generators that continue their current practices under the exclusions by either reclaiming on-site, shipping to a permitted, off-site reclamation facility, or exporting the material for reclamation.
[d] This scenario includes generators switching from off-site disposal to sending the material to either a same-company reclaimer or toll manufacturer under the GCE.
[e] This scenario includes generators switching from off-site reclamation at a facility without a permit to another type of reclamation under the TBE, including either off-site reclamation at a RCRA-permitted facility, off-site reclamation at a facility without a permit, or export of the material to a company in another country.

            Transporters
Fires and Explosions (Unlikely for all Scenarios).  Some HSM, such as solvents, contain volatile chemicals, which can be released to the air, and if flammable, these air emissions may cause fires and explosions if ignited, causing injury or property damage.  Fires and explosions may also evolve other toxic or hazardous gasses.
HSM that is flammable or explosive would qualify as a DOT hazardous material and be subject to comparable DOT regulation (e.g., for packaging, labeling, marking, placarding, parking and driving) when transported offsite,), regardless of whether the material is regulated as hazardous waste or DSW-excluded material.  Note, however, that the DSW exclusions do not require the use of a manifest or other document that provides RCRA waste codes at 40 CFR Part 261.  All hazardous waste offsite shipments must be accompanied by a manifest that includes waste codes.  Waste codes could be helpful to emergency responders in fully characterizing the hazards of a released material and taking appropriate response action during a fire or explosion.  However, the DOT hazardous material requirements are specifically designed to help emergency responders to characterize the hazards of materials being transported, so it is unlikely that the lack of waste codes would seriously impede an emergency response.
Volatile Air Emissions, Soil, Water, and Particulate Wind Dispersal (Scenarios 1, 3, 4, 5, 6, 7, 8).  During loading, unloading, and transport, volatile air emissions from solvents may escape from valves, pumps, hoses, tank trucks, drums, and other containers.  Under certain conditions, solvents held in tank trucks or drums could volatilize and escape to the atmosphere (e.g., through open container lids, uncovered tanks, leaks and vents).  Leaks and spills during transfer of HSM, leaky or improperly closed containers, or accidents could result in release of HSM to loading area soil, groundwater, or surface water.  Further, wind dispersal of HSM (e.g., electric arc furnace dust) can occur if it is in the form of a dust or small, dry particles, adequate controls are not in place, and certain climatic conditions prevail (e.g., strong wind gusts).  For example, dust in hopper rail cars or roll-off dumpsters that are not properly covered could blow out and result in inhalation exposures (when traveling through communities) and/or contaminate the surrounding environment during transport.  Contaminated soil or other solid media may also be susceptible to resuspension and wind dispersal.
HSM under the exclusions that qualify as a DOT hazardous material would be subject to generally comparable transportation requirements as hazardous waste in regard to packing, labeling, marking, placarding, parking and driving. Specifically, the DOT regulations impose comparable requirements on hazardous waste as it does on other types of DOT hazardous materials in regard to these activities.  Therefore, such DOT-regulated shipments of hazardous waste and excluded material would address releases of materials in comparable ways.
However, excluded HSM that does not qualify as a DOT hazardous material would not be subject to transportation requirements that are comparable to hazardous waste in regard to packing, labeling, marking, placarding, parking or driving, or reporting releases of RQs to the National Response Center.  Transporters of such excluded HSM would not be required to follow comparable procedures to address potential releases of materials, including vapors, liquids, solids, or particulate matter.  For example, transporters might use less expensive packaging that is more likely to leak or be ruptured in an accident, contaminating soil and water, or releasing volatile emissions.
Abandoned Materials (Scenario 3).  A shipment of HSM may be abandoned during transit for a number of reasons.  Abandonment could occur, for example, if there is a transportation accident and released/contaminated materials are left by the roadside, the transporter cannot find the destination facility, or the transporter otherwise decides not to fulfill its obligation to deliver the HSM.  EPA established the hazardous waste manifest system as a means of ensuring that hazardous wastes are tracked from "cradle to grave."  Under the manifest system, each party to the shipment must sign and keep a copy of the manifest and the generator must be notified of its receipt by the destination facility, increasing each party's accountability over the shipment and reducing the likelihood of abandoned shipments.  The GCE does not include a requirement for a hazardous waste manifest.  Where generators reclaim HSM under the GCE, but the generation and reclamation facilities are in different locations, the HSM must be transported offsite.  Similarly, generators may transport HSMs to an unaffiliated offsite reclaimer under the TBE.  In such cases, the likelihood of HSM being abandoned could increase.

Table 2.5.  Potential Incremental Hazards under DSW Rule: Transporters
Regulatory Differences under DSW Rule[a]
                         Potential Incremental Hazards

                                Fire/Explosion
    Volatile Air, Emissions, Soil/ Water Contamination,  and Wind Dispersal
                              Abandoned Materials
Scenario 1:  Generator continues current reclamation practices[b]
No waste codes on shipping papers

HSM that no longer qualifies as DOT hazardous material or triggers RQ

                                       X

Scenario 2: Generator switches from off-site disposal to on-site reclamation
Not applicable
Scenario 3: Generator switches from off-site disposal to off-site recycling under the control of the generator[c]
No waste codes on shipping papers

HSM that no longer qualifies as DOT hazardous material or triggers RQ

                                       X

No tracking document required

                                       X
Scenario 4: Generator switches from off-site disposal to off-site recycling at a RCRA-permitted facility
No waste codes on shipping papers

HSM that no longer qualifies as DOT hazardous material or triggers RQ

                                       X

Scenario 5: Generator switches from off-site disposal to off-site recycling at a U.S. facility without a RCRA permit
No waste codes on shipping papers

HSM that no longer qualifies as DOT hazardous material or triggers RQ

                                       X

Scenario 6: Generator switches from off-site disposal to exporting for recycling
No waste codes on shipping papers

HSM that no longer qualifies as DOT hazardous material or triggers RQ

                                       X

Scenario 7: Generator switches from off-site recycling at a facility without a permit to another type of recycling under DSW[d]
No waste codes on shipping papers

HSM that no longer qualifies as DOT hazardous material or triggers RQ

                                       X

Scenario 8: Generator switches from off-site recycling at a RCRA-Permitted facility to another type of recycling under DSW
No waste codes on shipping papers

HSM that no longer qualifies as DOT hazardous material or triggers RQ

                                       X

[a] These differences were identified by comparing the federal regulations applicable to hazardous waste shipments and shipments of DSW-excluded materials. See Section 2.3 of this report for additional information.
[b] This scenario includes generators that continue their current practices under the exclusions by either reclaiming on-site, shipping to a permitted, off-site reclamation facility, or exporting the material for reclamation.
[c] This scenario includes generators switching from off-site disposal to sending the material to either a same-company reclaimer or toll manufacturer under the GCE.
[d] This scenario includes generators switching from off-site reclamation at a facility without a permit to another type of reclamation under the TBE, including either off-site reclamation at a RCRA-permitted facility, off-site reclamation at a facility without a permit, or export of the material to a company in another country.

            Intermediate and Reclamation Facilities
Fires and Explosions (Scenarios 1 and 4 through 8).  Some HSM, such as solvents, are often flammable, and can ignite to create fires and explosions.  HSM may also contain volatile chemicals, which can be released to the air, and if flammable, these air emissions may cause fires and explosions if ignited, causing injury or property damage.  Fires and explosions may also evolve other toxic or hazardous gasses.  Fire and explosion hazards under the DSW exclusions could increase because of the following:
Change from RCRA-permitted to unpermitted management facilities (Scenarios 1, 5, and 8).  Some HSMs may be diverted from off-site reclamation or disposal at a facility permitted under the hazardous waste regulations to off-site reclamation, which does not require a permit.  Permitted facilities are subject to prescriptive permit requirements covering the design, construction, operation, financial assurance, closure and post-closure of the facility, including hazardous waste management units.  They also are subject to public involvement in the permitting process.  Reclamation under the DSW exclusion would be subject to fewer requirements, including no requirement for a permit or public involvement.  For example, reclamation under the exclusion is not subject to emergency preparedness and response, personnel training, or prescriptive requirements for containment.  These requirements could reduce the likelihood of fires and explosions, reduce their magnitude, or increase the ability of facilities to respond to them and reduce the damage caused.
No explicit containment standards (Scenarios 1, 5, and 8).  The hazardous waste regulations and TBE require containment of HSM in the unit.  The hazardous waste regulations prescribe design, installation, operating, closure and post-closure standards to address containment, whereas the TBE does not.  The exclusion requires that the HSM be managed in a manner that is at least as protective as that employed for analogous raw material and be contained.  As such, the TBE allows more flexibility in how HSMs can be managed and contained.  These controls, which could be helpful in preventing fires and explosions and the emission of potentially combustible vapors to the atmosphere, are not specifically required under the DSW exclusions.
No explicit standards for controlling air emissions (Scenarios 1, 5, and 8).  The TBE does not include standards for controlling air emissions from process vents, equipment leaks, or storage units as do the hazardous waste regulations.  While the DSW exclusions require containment of HSM, they do not include explicit requirements for control of air emissions. The hazardous waste regulations and TBE require containment of HSM in the unit.  The hazardous waste regulations set forth prescriptive design, operating and other standards to control air releases for process vents, leaks and storage units.  The TBE does not include prescriptive requirements.  These controls, which could be helpful in preventing fires and explosions and the emission of potentially combustible vapors to the atmosphere, are not specifically required under the DSW exclusions.
HSM could be increasingly diverted from hazardous waste management to reclamation under the TBE (Scenarios 1 and 4 through 8).  Increased reclamation could increase the risk at reclamation sites of fires and explosions due to increased air emissions, the use of heat in reclamation processes, and the potential mixing of wastes for reclamation.  For example, the reclamation of solvents typically involves the use of distillation, which requires the application of heat.  Solvents generally become more volatile as the temperature increases, which could lead to greater air emissions that could be a source for a fire or explosion.
Soil and Water Contamination (Scenarios 1 and 4 through 8).  Soil and groundwater contamination from HSM releases can occur during accumulation and transportation on- site.  During accumulation, a number of factors could lead to a release (e.g., run-off from the storage area, tank overflows, leaks from damaged or deteriorated containers or tanks, or complete failure of tank).  During transfer, releases could include spills, overflows, and leaks from human error or deterioration of transport equipment (e.g., leaking pipes).  For example, solvents are susceptible to such releases since they are commonly in a liquid state.  Soil and water contamination hazards under the DSW exclusions could increase because of the following:
Change from RCRA-permitted to unpermitted management facilities (Scenarios 1, 5, and 8).  Some HSMs may be diverted from off-site reclamation or disposal at a permitted facility under the hazardous waste regulations to off-site reclamation under the TBE, which does not require a permit.  Permitted facilities are subject to prescriptive permit requirements covering the design, construction, operation, financial assurance, closure and post-closure of the facility, including hazardous waste management units.  They also are subject to public involvement in the permitting process.  Reclamation under the TBE would be subject to fewer requirements, including no requirement for a permit or public involvement.  For example, reclamation under the exclusion is not subject to emergency preparedness and response, personnel training, or prescriptive requirements for containment.  These requirements could reduce the likelihood of leaks and spills that could result in soil or water contamination, reduce their magnitude, or increase the ability of facilities to respond to them and reduce the damage caused.
No explicit containment standards (Scenarios 1, 5, and 8).  The hazardous waste regulations and TBE require containment of HSM in the unit.  The hazardous waste regulations prescribe specific design, installation, operating, closure and post-closure standards to address containment, whereas the TBE does not.  The exclusion requires that the material be managed in a manner that is at least as protective as that employed for analogous raw material and be contained.  As such, the TBE allows more flexibility in how HSMs can be managed and contained.  These controls, which could reduce the likelihood of leaks and spills that could result in soil or water contamination, reduce their magnitude, or increase the ability of facilities to respond to them and reduce the damage caused, are not specifically required under the DSW exclusions.
HSM could be increasingly diverted from hazardous waste management to reclamation under the TBE (Scenarios 1 and 4 through 8).  Increased reclamation could increase the risk at reclamation sites of leaks and spills that could result in soil or water contamination or increase their magnitude.  The additional processing required for on-site reclamation could result in more releases to soil and water.  For example, recycling by distillation of a solvent may require filtration, distillation, condensation, or other processing.  As the solvent is passed through the pipes, valves, and other equipment used in the distillation process, the likelihood of a release through leaks and spills increases.
Volatile Air Emissions (Scenarios 1 and 4 through 8). Volatile organic air emissions can be released during accumulation, transportation, and reclamation on-site.  Under certain conditions, solvents held in tanks or containers could volatilize and escape to the atmosphere (e.g., through open container lids, uncovered tanks, leaks and vents, and breathing losses).  This also could occur during the reclamation process.  Volatile emission hazards under the DSW exclusions could increase because of the following:
Change from RCRA-permitted to unpermitted management facilities (Scenarios 1, 5, and 8).  Some HSMs may be diverted from off-site reclamation or disposal at a permitted facility under the hazardous waste regulations to off-site reclamation under the TBE, which does not require a permit.  Permitted facilities are subject to prescriptive permit requirements covering the design, construction, operation, financial assurance, closure, and post-closure of the facility, including hazardous waste management units.  They also are subject to public involvement in the permitting process.  Reclamation under the TBE would be subject to fewer requirements, including no requirement for a permit or public involvement.  For example, reclamation under the exclusion is not subject to emergency preparedness and response, personnel training, or prescriptive requirements for containment.  These requirements could reduce the likelihood of volatile air emissions or reduce their magnitude.
No explicit containment standards (Scenarios 1, 5, and 8).  The hazardous waste regulations and TBE require containment of HSM in the unit.  The hazardous waste regulations have explicit design, installation, operating, closure, and post-closure standards to address containment, whereas the TBE does not.  The exclusion requires that the HSM be managed in a manner that is at least as protective as that employed for analogous raw material and be contained.  As such, the TBE allows more flexibility in how HSMs can be managed and contained.  These controls, which could be helpful in preventing volatile air emissions, are not specifically required under the DSW exclusions.
No explicit standards for controlling air emissions (Scenarios 1, 5, and 8).  The TBE does not include standards for controlling air emissions from process vents, equipment leaks, or storage units as do the hazardous waste regulations.  While the DSW exclusions require containment of HSM, they do not include explicit requirements for control of air emissions. The hazardous waste regulations and TBE require containment of HSM in the unit.  The hazardous waste regulations set forth explicit design, operating and other standards to control air releases for process vents, leaks and storage units.  These controls, which could be helpful in preventing volatile air emissions, are not specifically required under the DSW exclusions.
HSM could be increasingly diverted from hazardous waste management to reclamation under the TBE (Scenarios 1 and 4 through 8).  The additional processing required for on-site reclamation could result in more air emissions at reclamation sites.  For example, recycling by distillation of a solvent may require filtration, distillation, condensation, or other processing.  As the solvent is passed through the pipes, valves, and other equipment used in the distillation process, volatile emissions from fittings, valves, and process equipment could increase.  In addition, many reclamation processes, such as distillation of solvents, require the application of heat.  Solvents generally become more volatile as the temperature increases, which could lead to greater air emissions.  Changes in temperature can also increase breathing losses from tanks and equipment, leading to increased air emissions.
Particulate Wind Dispersal (Scenarios 1 and 4 through 8).  Wind dispersal can occur if the HSM is in the form of a dust or small, dry particles, adequate controls are not in place, and certain climatic conditions prevail (e.g., strong wind gusts).  Soil or other solid media contaminated with solvents or other contaminants may be susceptible to wind dispersal.  Electric arc furnace dust in particular might be susceptible to wind dispersal because it is often present in dust form and may be stored in waste piles.  Wind dispersal contamination hazards under the DSW exclusions could increase because of the following:
Change from RCRA-permitted to unpermitted management facilities (Scenarios 1, 5, and 8).  Some HSMs may be diverted from off-site reclamation or disposal at a permitted facility under the hazardous waste regulations to off-site reclamation under the TBE, which does not require a permit.  Permitted facilities are subject to explicit permit requirements covering the design, construction, operation, financial assurance, closure, and post-closure of the facility and hazardous waste management units.  They also are subject to public involvement in the permitting process.  Reclamation under the TBE would be subject to fewer requirements, including no requirement for a permit or public involvement.  For example, reclamation under the exclusion is not subject to emergency preparedness and response, personnel training, or explicit requirements for containment.  These requirements could reduce the likelihood of wind dispersal of HSM, reduce their magnitude, or increase the ability of facilities to respond to them and reduce the damage caused.
No explicit containment standards (Scenarios 1, 5, and 8).  The hazardous waste regulations and TBE require containment of HSM in the unit.  The hazardous waste regulations contain explicit design, installation, operating, closure and post-closure standards to address containment, whereas the TBE does not.  The exclusion requires that the HSM be managed in a manner that is at least as protective as that employed for analogous raw material and be contained.  As such, the TBE allows more flexibility in how HSMs can be managed and contained.  These controls, which could reduce the likelihood of wind dispersal of HSM, or increase the ability of facilities to respond to them and reduce the damage caused, are not specifically required under the DSW exclusions.
Residues from Reclamation (Scenarios 1 and 4, 5, 7, and 8). Reclamation processes (e.g., distillation and high temperature metals recovery) could result in a hazardous waste residue that requires further treatment before land disposal in accordance with the RCRA Subtitle C regulations.  The hazardous waste regulations state that any material derived from a listed hazardous waste is also a listed hazardous waste.  This is called the "derived-from" rule.  It means, for example, that residues from the reclamation of a listed hazardous waste are listed hazardous waste.  The GCE does not address how residues from the reclamation process should be managed and is therefore not comparable to the hazardous waste regulations in this regard.  As a result, generators under the exclusion could identify residuals to be a new point of generation for the purposes of applying the hazardous waste determination requirements of 40 CFR 262.11.  This raises the possibility that some residuals from recovery process that were considered hazardous under full RCRA Subtitle C regulation would no longer be considered hazardous for recovery units operated under the DSW rule, unless such residue was also a listed hazardous waste.  As a result, such wastes could exit Subtitle C regulation.
Abandoned Materials (Scenarios 5 and 8).  A significant number of the environmental damage cases evaluated by the Agency involve abandoned materials.  EPA believes that bankruptcies and other business failures could be responsible for a number of these cases.  Abandoned materials at intermediate and reclamation sites under the DSW exclusions could increase because of the following:
The TBE requires facilities to obtain financial assurance for closure and accidents.  By obtaining financial assurance, a facility is demonstrating that even if events beyond its control make its operations uneconomical, funds will be available to clean up abandoned materials.
      These requirements are more stringent than the hazardous waste regulations that apply to reclaimers that do not store the hazardous waste pending reclamation; such reclaimers are not required to obtain financial assurance.  In addition, they are comparable to the financial assurance requirements applicable to permitted reclaimers.  However, permitted reclaimers also are subject to other requirements that could prevent abandonment of HSM, including corrective action during each permit renewal.  They also are subject to periodic inspections by EPA and state regulatory personnel.
HSM could be increasingly diverted from hazardous waste management to reclamation under the TBE, which may result in greater quantities accumulated on- site at these facilities.  A greater accumulation quantity could mean that the quantity of HSM abandoned could be greater, increasing the magnitude of problems associated with abandoned materials, such as the extent of environmental contamination and cleanup costs.

Table 2.6.  Potential Incremental Hazards under DSW Rule: Intermediate and Reclamation Facilities
                   Regulatory Differences under DSW Rule[a]
                         Potential Incremental Hazards

                                Fire/ Explosion
                           Soil/Water Contamination
                            Volatile Air Emissions
                          Particulate Wind Dispersal
                           Residues from Reclamation
                              Abandoned Materials
Scenario 1:  Generator continues current reclamation practices[b]
Change from RCRA-permitted to unpermitted management facilities
                                       X
                                       X
                                       X
                                       X

No explicit containment standards
                                       X
                                       X
                                       X
                                       X

No explicit standards for controlling air emissions
                                       X

                                       X

HSM increasingly diverted from hazardous waste management and disposal to reclamation under the TBE
                                       X
                                       X
                                       X
                                       X
                                       X
                                       X
No derived-from rule, listed residues potentially exit Subtitle C

                                       X

Scenario 2: Generator switches from off-site disposal to on-site reclamation
Not applicable

Scenario 3: Generator switches from off-site disposal to off-site reclamation under the control of the generator[c]
Not applicable

Scenario 4: Generator switches from off-site disposal to off-site recycling at a RCRA-permitted facility
HSM increasingly diverted from hazardous waste management and disposal to reclamation under the TBE
                                       X
                                       X
                                       X
                                       X
                                       X

No derived-from rule, listed residues potentially exit Subtitle C

                                       X

Scenario 5: Generator switches from off-site disposal to off-site recycling at a U.S. facility without a RCRA permit
Change from RCRA-permitted to unpermitted management facilities
                                       X
                                       X
                                       X
                                       X

No explicit containment standards
                                       X
                                       X
                                       X
                                       X

No explicit standards for controlling air emissions
                                       X

                                       X

HSM increasingly diverted from hazardous waste management and disposal to reclamation under the TBE
                                       X
                                       X
                                       X
                                       X
                                       X
                                       X
No derived-from rule, listed residues potentially exit Subtitle C

                                       X

Scenario 6: Generator switches from off-site disposal to exporting for reclamation
HSM increasingly diverted from hazardous waste management and disposal to reclamation under the TBE
                                       X
                                       X
                                       X
                                       X
                                       X

No derived-from rule, listed residues potentially exit Subtitle C

Scenario 7: Generator switches from off-site reclamation at a facility without a permit to another type of recycling under DSW[d]
HSM increasingly diverted from hazardous waste management and disposal to reclamation under the TBE
                                       X
                                       X
                                       X
                                       X
                                       X

No derived-from rule, listed residues potentially exit Subtitle C

                                       X

Scenario 8: Generator switches from off-site reclamation a RCRA-Permitted facility to another type of recycling under DSW
Change from RCRA-permitted to unpermitted management facilities
                                       X
                                       X
                                       X
                                       X

No explicit containment standards
                                       X
                                       X
                                       X
                                       X

No explicit standards for controlling air emissions
                                       X

                                       X

HSM increasingly diverted from hazardous waste management and disposal to reclamation under the TBE
                                       X
                                       X
                                       X
                                       X
                                       X
                                       X
No derived-from rule, listed residues potentially exit Subtitle C

                                       X

[a] These differences were identified by comparing the federal regulations applicable to storage facilities operating under the hazardous waste regulations  and intermediate/reclamation facilities operating under the DSW exclusions. See Section 2.3 of this report for additional information.
[b] This scenario includes generators that continue their current practices under the exclusions by either reclaiming on-site, shipping to a permitted, off-site reclamation facility, or exporting the material for reclamation.
[c] This scenario includes generators switching from off-site disposal to sending the material to either a same-company reclaimer or toll manufacturer under the GCE.
[d] This scenario includes generators switching from off-site reclamation at a facility without a permit to another type of reclamation under the TBE, including either off-site reclamation at a RCRA-permitted facility, off-site reclamation at a facility without a permit, or export of the material to a company in another country.
Potential Reductions and Transfers of Hazards by Facility Type and Scenario
            Generators
Abandoned Materials (All Scenarios).  The hazardous waste regulations and DSW exclusions have comparable requirements for initial and biennial submittals in regard to frequency and types of information submitted, such as quantities and types of HSM.  However, the biennial reporting requirement in the hazardous waste regulations applies only to LQGs.  The DSW notification requirement applies to generators regardless of amount of waste generated.
Under the DSW exclusions, EPA and state regulators will have a greater knowledge of the types and quantities of HSM being generated and managed by SQGs.  They could use this information when developing compliance activities, such as inspections and outreach, resulting in better compliance and reduced risk of abandoned materials.   In addition, a greater knowledge of HSM types and quantities at these smaller sites will give regulators a better idea of how to remove and clean up HSM in a protective manner if it were abandoned.  The biennial notification requirement, along with the requirement for sites to notify EPA if they cease to operate under the exclusions, will give regulators an indication when these SQGs are closing or have closed so that the regulators can take appropriate action at these sites at that time (e.g., compliance assistance) to ensure the HSM is not abandoned.  The information submitted in notifications is also publicly available.  The general public can use this information to better understand the generation and management of HSM in their communities.
            Transporters
Reduction in Transportation Accidents, Pollution, Traffic and Noise (Scenarios 1 through 8).  Following are potential changes under the DSW exclusion that could result in a reduced frequency of off-site shipments from generator sites and a resulting decrease in transportation hazards:
Longer generator accumulation periods are allowed, reducing the number of shipments made to reclaimers (Scenarios 1, 3, 4, 5, 6, 7, 8). Under 40 CFR part 262, LQGs and SQGs are prohibited from accumulating hazardous waste on-site for more than 90 or 180/270 days (depending on type of activity involved),, respectively, without a permit or interim status.  SQGs also must ensure that the quantity of hazardous waste accumulated on-site does not exceed 6,000 kilograms.  To avoid exceeding these accumulation limits, generators may need to make numerous off-site shipments of hazardous waste during the year (e.g., less than every 90 days for LQGs).
      Generators operating under an exclusion of the DSW final rule are not subject to the 40 CFR part 262 generator standards, including the accumulation volume or time limits, for their HSMs managed under the rule.  Rather, these generators would manage their materials in accordance with the 2008 DSW final rule.  In regard to on-site accumulation, they must ensure that their HSMs are not "speculatively accumulated."  This means that a generator accumulating HSM must be able to show that, during a calendar year, the amount of such material that is recycled or transferred to a different site for recycling is at least 75% by weight or volume of the amount of the HSM present at the beginning of the period.
      This speculative accumulation provision gives generators greater flexibility to determine the appropriate timing of their off-site shipments.  This could allow them to take advantage of economies of scale in transporting their HSM   In general, unit transportation costs decrease as the amount of material transported increases.  Generators that make fewer, larger shipments will pay less in transportation costs than those that must rely on more, smaller shipments for the same amount of waste.
      For example, a generator that had to make four small off-site shipments each year under the 90-day clock might be able to make one or two larger off-site shipments each year under the DSW exclusion, provided the speculative accumulation provision is satisfied.
      Fewer shipments would result in a reduction in the total number of trucks on the road and a decrease in the total number of miles traveled by trucks carrying the HSM.  This would cause a corresponding decrease in the incidence of transportation-related accidents, and adjacent community exposures to air emissions from the waste on the roads, air emissions from truck operation, and traffic.
      These hazard reductions could occur, for example, when generators switch from off-site reclamation under the hazardous waste regulations to off-site reclamation under the 2008 DSW final rule.  They also could occur when generators switch from off-site treatment and disposal under the hazardous waste regulations to off-site reclamation under the DSW final rule.
Generators may switch to on-site reclamation, reducing or eliminating their off-site shipments of HSM (Scenarios 2 and 8). Some generators might opt to switch from off-site treatment, disposal or reclamation under the hazardous waste regulations to on-site reclamation under the rule.  On-site reclamation could reduce the number of off-site shipments each year.  For example, the generator would not need to ship its reclaimed materials offsite within the 90 days (for LQGs) or 180/270 days (for SQGs) as required for hazardous waste.  Rather, it could ship the HSM off-site less frequently.  Less frequent shipments could result in a corresponding decrease in the incidence of transportation-related accidents, air emissions from the waste on the roads, air emissions from truck operation, and traffic.
Change in generator status results in fewer off-site shipments of all hazardous waste produced by that facility (Scenarios 1 through 8).  A generator that reclaims on-site or off-site under the rule might change its generator status and thereby make fewer off-site hazardous waste shipments each year.  For example, a generator that drops from being a LQG to a SQG would be able to ship its hazardous wastes off-site under the 180/270-day clock instead of every 90 days.  Fewer off-site shipments could result in the hazard reductions described above.
            Intermediate and Reclamation Facilities
Releases from Reclamation (Scenario 7).  The TBE requires facilities to obtain financial assurance for closure and accidents.  By obtaining financial assurance, a facility is demonstrating that even if the facility declares bankruptcy, funds will be available to clean up abandoned HSMs.  These requirements are more stringent than the hazardous waste regulations that apply to reclaimers that do not store the hazardous waste pending reclamation; such reclaimers are not required to obtain financial assurance.  The financial assurance requirements will decrease the likelihood that the economic burden for the cleanup of abandoned materials will fall on the public.
In addition, the TBE requires generators to make reasonable efforts to evaluate a reclamation facility before shipping excluded material to it when the facility's management of the HSM would not be addressed under a RCRA Part B permit or interim-status standard.  The hazardous waste regulations do not require such reasonable efforts.  For example, the TBE requires generators to determine that the facility has not been classified as a significant non-complier with RCRA Subtitle C and that it has the equipment and trained personnel to safely recycle the HSM.  The generator must affirmatively answer these and other questions listed at  40 CFR 261.4(a) (24) (v)(B) for the facility.  EPA expects these determinations by generators to motivate reclaimers to improve their environmental performance (e.g., properly train their personnel) and address outstanding violations and prevent future ones.  These efforts also will help to ensure that the HSMs are managed at facilities that are qualified to reclaim them safely.  In this respect, the TBE could reduce environmental hazards in comparison with the hazardous waste regulations for reclamation facilities that are not subject to a RCRA permit.   EPA recognizes that not all generators will have the same ability to perform efforts audits, and the efficacy of these efforts will depend on their ability.  For example, small or independent generators may have fewer financial resources or staff to use to conduct such audits, and may be more likely to miss indications that reclaimers are not legitimately recycling HSM.
Abandoned Materials (Scenario 7).  EPA believes that bankruptcies and other business failures (intended or unintended) could be responsible for abandonment of HSM at a number of former reclamation facilities. Abandoned materials at intermediate and reclamation sites under the 2008 DSW final rule could increase due to reduced regulatory requirements under the DSW exclusions.  However, the TBE requires facilities to obtain financial assurance for closure and accidents.  The financial assurance demonstrates that even if a facility goes into bankruptcy, funds will be available to clean up abandoned materials, and the financial burden for cleanup will not fall on the public.  These requirements are more stringent than the hazardous waste regulations that apply to reclaimers that do not store the hazardous waste pending reclamation; such reclaimers are not required to obtain financial assurance.
Other Impacts
Environmental Hazards from Hazardous Waste Treatment and Disposal (Scenarios 2 through 6).  The 2008 DSW final rule could make reclamation more appealing than treatment and disposal for some generators.  For example, the rule would lessen the barriers to reclamation, such as regulatory burdens and manifesting/permitting costs, and thereby make reclamation more cost-competitive.  In addition, the rule lessens the stigma associated with reclaiming "hazardous waste" since the material to be reclaimed is considered to be "hazardous secondary material."  As a result, HSMs might be diverted increasingly from treatment and disposal to reclamation under the 2008 DSW final rule.  This could shift hazards associated with the management of HSM from some communities to others.  For example, a reduction of hazards in one community (e.g., HSM diverted away from a distant incinerator) could translate to an increase in hazards in another community (e.g., HSM redirected to a nearby reclaimer using distillation).
Greater reclamation could reduce the quantity of hazardous wastes sent to incineration, burning for energy recovery, and landfilling.  This could reduce the amount of emissions from incinerators, boilers and industrial furnaces reducing emissions of hazardous air pollutants and greenhouse gasses.  It could also reduce the risk of contamination of groundwater and air emissions from landfills. However, there could be some offsetting environmental impacts from increased reclamation.  For example, there could be air emissions and increased energy use from such reclamation methods as solvents distillation.
Environmental Hazards from Mining Operations and Air Pollution from Energy Usage (Scenarios 2 through 6).  As indicated earlier, HSMs might be diverted increasingly from treatment and disposal to reclamation under the 2008 DSW final rule.  As the quantity of a reclaimed material increases, the demand for the corresponding virgin material could decrease.  This in turn could result in a reduction in the exploration, development, extraction, refining and processing of the virgin material, which could help to preserve the natural environment and generate less air, water, and soil pollution associated with extraction and processing activities.  For example, etchant suppliers could increasingly receive and recycle electroplating sludge from printed circuit board manufacturers, lessening the demand for copper from mining and the associated environmental footprint and effects of mining operations.
In addition, when increasing quantities of HSMs are reclaimed, less energy might be needed to extract, transport, and process the raw materials.  When energy demand decreases, fewer fossil fuels are burned and less contaminants from energy generation and material transportation are emitted into the atmosphere.  For example, less energy is normally needed to re-melt metals for recycling than to produce virgin metal from ore; hence, less greenhouse gases and other air emissions could be generated from recycling than using raw materials to produce similar products.
Finally, some manufacturing plants generate large quantities of waste while producing a "virgin" product.  These wastes must be managed in accordance with applicable solid and hazardous waste regulations, which could involve incineration and landfilling. Greater reclamation could reduce the demand for virgin products, and hence, lessen the generation of solid and hazardous wastes from their manufacturing.

Table 2.7.  Potential Reduction in Hazards under DSW Rule
                         Differences under DSW Rule[a]
                         Potentially Decreased Hazards

Transportation Accidents, Pollution, Traffic, Noise
         Releases  from Reclamation (e.g., fires, soil contamination)
                              Abandoned Materials
               Environmental Hazards from Treatment and Disposal
                        Air Pollution from Energy Usage
                 Environmental Hazards from Mining Operations
Scenario 1:  Generator continues current reclamation practices[b]
Longer generator accumulation periods, fewer off-site shipments of HSM
                                       X

Change in generator status, fewer shipments of hazardous waste
                                       X

Biennial notifications from SQGs to EPA under DSW exclusions

                                       X

Scenario 2: Generator switches from off-site disposal to on-site reclamation
Change in generator status, fewer shipments of hazardous waste
                                       X

HSM increasingly diverted from treatment and disposal to on-site reclamation under exclusion
                                       X

                                       X

Reduced mining and energy use because of increased reclamation

                                       X
                                       X
Biennial notifications from SQGs to EPA under DSW exclusions

                                       X

Scenario 4: Generator switches from off-site disposal to off-site recycling at a RCRA-permitted facility
Longer generator accumulation periods, fewer off-site shipments of HSM
                                       X

Change in generator status, fewer shipments of hazardous waste
                                       X

Scenario 7: Generator switches from off-site reclamation at a facility without a permit to another type of recycling under DSW[d]
Longer generator accumulation periods, fewer off-site shipments of HSM
                                       X

Change in generator status, fewer shipments of hazardous waste
                                       X

HSM increasingly diverted from unpermitted reclamation under HWRs to reclamation under the TBE, which may be more stringent

                                       X
                                       X

Biennial notifications from SQGs to EPA under DSW exclusions

                                       X