Small
Business
Regulatory
Enforcement
and
Fairness
Act
Section
610
Analysis
the
Phase
II
Land
Disposal
Restriction
Rule
United
States
Environmental
Protection
Agency
Office
of
Solid
Waste
and
Emergency
Response
February
20,
2004
2
Introduction
Section
610
of
the
Regulatory
Flexibility
Act
as
amended
by
the
Small
Business
Regulatory
Enforcement
and
Fairness
Act
(
SBREFA)
requires
federal
agencies
to
periodically
review
regulations
to
determine
whether
or
not
they
have
had
a
significant
adverse
impact
to
a
substantial
number
of
small
entities.
Currently,
The
Agency
is
evaluating
whether
or
not
the
Phase
II
and
Phase
III
Land
Disposal
Restriction
(
LDR)
final
rulemakings
have
significantly
adversely
impacted
a
substantial
number
of
small
entities.
This
memorandum
presents
findings
of
the
SBREFA
analysis
on
Phase
II
of
the
LDR
rulemaking.

The
Phase
II
final
rule
was
promulgated
September
19,
1994
and
established
treatment
standards
for
newly
identified
TC
organic
wastes
(
i.
e.,
hazardous
wastes
that
exhibit
the
toxicity
characteristic
for
one
or
more
organic
hazardous
constituents),
chlorotoluene
wastes
(
K149­
K151)
and
coke
by­
product
wastes
(
K141­
K145,
K147­
K148).
The
rule
also
promulgated
universal
treatment
standards
(
UTS)
for
all
TC
organic
wastes
(
D018­
D043)
as
well
as
ignitable,
corrosive
and
reactive
waste
(
D001­
D003).
The
LDRs
require
that
affected
wastes
not
only
be
treated
for
their
characteristic,
but
also
any
underlying
hazardous
constituents
(
UHCs)
that
may
be
present
in
the
wastes
themselves.
For
example,
if
a
wastewater
treatment
sludge
exhibited
the
toxicity
characteristic
for
benzene
(
i.
e.,
leached
more
than
0.5
ppm
on
a
TCLP
test),
it
would
have
to
be
treated
not
only
for
the
benzene
but
also
any
underlying
hazardous
metal
constituents
reasonably
expected
to
be
present
at
levels
above
UTS.
Therefore,
in
this
example,
a
modification
of
the
treatment
train
that
would
normally
be
used
to
treat
the
sludge
would
be
necessary.
Additional
treatment
steps
to
comply
with
UTS
requirements
or
to
establish
treatment
requirements
for
newly
identified
TC
organic
wastes
could
have
resulted
in
incremental
compliance
costs
to
small
entities.

To
fulfill
its
obligations
under
Section
610
of
the
Regulatory
Flexibility
Act,
the
Office
of
Solid
Waste
is
conducting
an
economic
impact
screen
of
potentially
affected
small
entities
under
the
Phase
II
rule.
This
memorandum
presents
estimates
of
the
economic
impacts
of
the
Phase
II
LDR
final
rule
on
affected
small
entities
(
i.
e.,
small
businesses,
small
government
units,
or
small
non­
governmental
organizations
such
as
trade
associations
and
universities),
expressed
as
an
estimate
of
compliance
cost
to
sales
on
a
corporatespecific
basis.
In
addition,
it
contains
a
brief
assessment
of
how
the
market
structure
of
affected
entities
might
affect
economic
impacts.

Methodology
EPA
completed
data
collection
from
available
databases
including
the
1999
Biennial
Reporting
System
data
(
BRS)
and
Dun
and
Bradstreet
Spectrum,
as
well
as
literature
review,
phone
consultation
with
knowledgeable
authorities
and
other
data
collection
and
analysis
as
appropriate.

EPA
conducted
the
following
steps
to
complete
the
analysis:

1.
Identify
waste
handlers
who
manage
potentially
affected
volumes
of
hazardous
waste.

The
1999
BRS
data
were
used
to
identify
waste
handlers
who
manage
potentially
affected
volumes
of
newly
listed
toxicity
characteristic
organic
wastes
(
waste
codes
D018
­
D043)
and
newly
listed
coke
byproduct
and
chlorotoluene
wastes
(
waste
codes
K141
­
K148,
K149
­
K151).
It
should
be
noted
that
3
waste
handlers
who
manage
potentially
affected
volumes
of
ignitable,
corrosive,
and
reactive
characteristically
hazardous
wastes
(
waste
codes
D001­
D003)
and
metal
and
pesticide
wastes
(
waste
codes
D004­
D017)
were
not
identified
because
no
data
on
the
volume
of
waste
affected
by
the
requirement
for
UHCs
to
be
treated
to
meet
UTS
standards
are
available.
It
is
assumed
that
current
treatment
of
metal
wastes
(
D004­
D011)
pre­
rule
will
meet
the
new
UTS
standard
because
prior
Agency
contact
with
commercial
treaters
indicates
that
they
usually
treat
to
much
lower
levels
than
are
required
to
assure
compliance.
It
is
assumed
the
waste
volume
will
be
negligible.
These
volumes
are
only
captured
in
the
analysis
if
they
are
reported
in
combination
with
the
newly
listed
TC
organic
wastes
(
D018­
D043).

2.
Identify
waste
handlers
from
Step
1
who
are
small
entities.

The
Agency
relied
primarily
on
Dun
and
Bradstreet
Spectrum
data
(
D&
B)
to
identify
any
waste
handlers
identified
in
Step
1
who
are
small
entities
as
defined
by
the
Small
Business
Administration
Table
of
Size
Standards
(
see
http://
www.
sba.
gov/
size/
indextableofsize.
html).
To
avoid
disclosure
of
proprietary
data
from
Dun
and
Bradstreet
facilities
are
represented
as
numbers
in
the
memorandum
instead
of
actual
facility
names
or
other
identifiers.
The
model
facilities
include
representations
of
affected
firms
and
summary
information
about
the
number
of
employees,
and
sales
for
the
industries
that
the
model
facilities
represent.
The
memorandum
does
not
include
any
data
regarding
the
names,
location,
number
of
employees
or
sales/
revenue
of
actual
small
entities
identified
through
data
collection
from
the
Dun
and
Bradstreet.

In
completing
this
step
diligent
efforts
were
made
to
identify
whether
each
facility
included
in
the
BRS
database
was
large
or
small.
However
because
of
variations
in
names
between
D&
B
and
BRS
as
well
as
name
changes,
facilities
and
companies
going
out
of
business,
a
determination
could
not
be
made
on
all
facilities.
In
total
there
were
approximately
260
distinct
companies
in
BRS
and
no
size
determination
could
be
made
on
approximately
18
percent
of
these
facilities.
A
total
of
47
companies
were
identified
as
being
small.

3.
Calculate
cost
of
treatment
for
affected
small
entities.

Treatment
costs
for
newly
identified
TC
organic
wastes
(
D018
­
D043)
include
two
parts:
Scenario
1)
the
additional
cost
of
treatment
resulting
from
the
treatment
standard
for
a
specific
waste
code
(
e.
g.,
combustion
of
an
organic­
bearing
hazardous
waste),
and
Scenario
2)
any
additional
treatment
required
for
underlying
hazardous
constituents
(
e.
g.,
a
hazardous
waste
that
exhibits
the
toxicity
characteristic
for
an
organic
constituent
and
also
contains
underlying
metal
hazardous
constituents
that
requires
additional
treatment
to
the
treatment
required
for
the
organic
hazardous
constituent).
Treatment
costs
for
ignitable,
corrosive
or
reactive
wastes
(
ICR
wastes,
D001
­
D003)
only
include
treatment
for
underlying
hazardous
constituents.
Treatment
costs
for
newly
identified
listed
wastes
including
chlorotoluene
wastes
(
K149
­
K151)
and
coke
by­
product
wastes
(
K141
­
K145,
K147
­
K148)
only
include
the
treatment
for
a
specific
waste
code
and
does
not
include
treatment
for
underlying
hazardous
constituents
because
this
requirement
does
not
apply
to
listed
wastes.
EPA
will
calculate
treatment
costs
for
two
of
the
three
categories
of
affected
wastes:
1)
TC
organic
wastes
and
2)
newly
identified
wastes
according
to
the
previous
description.
Underlying
treatment
costs
for
ICR
wastes
are
estimated
under
Scenario
2
above
only
if
they
are
reported
in
combination
with
TC
organic
wastes.
The
waste
management
assumptions
4
for
each
of
the
47
small
entities
are
presented
in
Table
1.

4.
Conduct
an
economic
impact
analysis
of
the
incremental
cost
of
treatment
to
the
sales
of
affected
small
entities
to
determine
if
there
are
significant
impacts
EPA
compared
the
incremental
compliance
costs
of
treatment
for
the
affected
waste
volumes
with
the
annual
revenues
for
the
small
entity.
Results
are
separated
into
three
categories:
1)
the
incremental
compliance
costs
are
equal
to
or
less
than
1
percent
of
the
annual
sales
of
the
affected
entity,
2)
the
incremental
compliance
costs
are
greater
than
1
and
less
than
3
percent
of
the
annual
sales
of
the
affected
entity,
and
3)
the
incremental
compliance
costs
are
equal
to
or
greater
than
3
percent
of
the
annual
sales
of
the
affected
entity.

Results
Facility­
specific
cost
impacts
are
presented
in
Table
2.
A
summary
of
the
overall
cost
impacts
are
presented
in
Table
1.
Scenario
1
presents
the
cost
impacts
assuming
that
TC
organic
wastes
(
i.
e.,
D018­
D043)
with
no
underlying
hazardous
constituents
to
treat.
Scenario
2
presents
the
cost
impacts
assuming
that
TC
organic
wastes
with
underlying
hazardous
constituents
to
treat.
In
general
costs
are
well
below
1
percent
of
sales.
Costs
exceed
one
percent
of
sales
for
only
one
of
the
47
small
businesses
identified.
Cost
impacts
average
less
than
0.1
percent
of
sales
for
all
47
facilities.
Because
of
the
relatively
low
impacts,
the
Agency
has
determined
that
Phase
II
LDR
restrictions
have
not
had
a
significant
adverse
impact
to
a
substantial
number
of
small
entities.
5
Table
1.
Phase
II
LDR
Small
Business
Baseline
and
Compliance
Management
Practices
Facility
Number
1999
Generation
Quantity
(
tons)
1
Baseline
Management
1999
Management
1
Generators
of
Coke
By­
Product
Wastes
(
K142,
K147,
K148)

1
1,780
Assume
Subtitle
C
landfill
of
waste
solids.
735
tons
stabilization
(
assume
followed
by
landfill)

1,022
tons
landfilled
13
tons
incineration
Assume
off­
site
stabilization
and
Subtitle
C
landfill.

2
7.3
Assume
Subtitle
C
landfill
of
waste
solids.
7.3
tons
stabilization
(
assume
followed
by
landfill)

Assume
off­
site
stabilization
and
Subtitle
C
landfill.

Generators
of
TC
Organic
Wastes
(
D018­
D043)

3
5.9
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
5.9
tons
metals
recovery
­
type
unknown
(
This
is
a
spent
reformer
catalyst.)

Assume
off­
site
high
temperature
metals
recovery.

4
9.7
Assume
Subtitle
C
landfill
of
waste
solids.
9.7
tons
other
treatment
(
These
are
spent
carbon
wastes)

Assume
off­
site
incineration.

5
3.9
Assume
Subtitle
C
landfill
of
waste
solids.
3.9
tons
acid
regeneration
(
This
is
a
spent
carbon
waste.

The
management
reported
management
method
appears
incorrect.)

Assume
off­
site
incineration.

6
1.3
Assume
Subtitle
C
landfill
of
waste
solids.
1.3
tons
incineration
­
solids
Assume
off­
site
incineration.

7
1.3
Assume
Subtitle
C
landfill
of
waste
solids.
1.3
tons
incineration
­
solids
Assume
off­
site
incineration.

8
8.9
Assume
Subtitle
C
landfill
of
waste
solids.
8.9
tons
transfer
facility
storage
Assume
off­
site
incineration.

9
1.2
Assume
Subtitle
C
landfill
of
waste
solids.
1.2
tons
transfer
facility
storage
Assume
off­
site
incineration.
Table
1.
Phase
II
LDR
Small
Business
Baseline
and
Compliance
Management
Practices
Facility
Number
1999
Generation
Quantity
(
tons)
1
Baseline
Management
1999
Management
1
6
10
0.2
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
0.2
tons
transfer
facility
storage
Assume
off­
site
incineration.

11
37.3
Assume
Subtitle
C
landfill
of
waste
solids.
37
tons
landfill
Assume
off­
site
stabilization
and
Subtitle
C
landfill.

12
3.3
Assume
Subtitle
C
landfill
of
waste
solids.
3.3
tons
incineration
­
solids
Assume
off­
site
incineration.

13
0.1
Assume
Subtitle
C
landfill
of
waste
solids.
0.1
tons
transfer
facility
storage
(
inorganic
solid)

Assume
off­
site
stabilization
and
Subtitle
C
landfill.

14
1.1
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
1.1
tons
fuel
blending
Assume
off­
site
cement
kiln.

15
0.2
Assume
Subtitle
C
landfill
of
waste
solids.
0.2
tons
incineration
­
type
unknown
Assume
off­
site
incineration.

16
2
Assume
Subtitle
C
landfill
of
waste
solids.
2
tons
other
treatment
­
type
unknown
(
spent
carbon
wastes)
Assume
off­
site
incineration.

17
0.1
Assume
Subtitle
C
landfill
of
waste
solids.
0.1
tons
transfer
facility
storage
Assume
off­
site
incineration.

18
5.2
Assume
Subtitle
C
landfill
of
waste
solids.
1.9
tons
land
treatment
(
assume
error
in
reporting
because
facility
only
has
a
landfill)

Assume
off­
site
stabilization
and
Subtitle
C
landfill.

3.2
tons
transfer
facility
storage
(
spent
carbon
filters)

Assume
off­
site
incineration.

19
2.4
Assume
Subtitle
C
landfill
of
waste
solids.
2.4
tons
energy
recovery
­
solids
Assume
off­
site
cement
kiln.
Table
1.
Phase
II
LDR
Small
Business
Baseline
and
Compliance
Management
Practices
Facility
Number
1999
Generation
Quantity
(
tons)
1
Baseline
Management
1999
Management
1
7
20
2.8
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
2.8
tons
fuel
blending
Assume
off­
site
cement
kiln.

21
1.0
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
1.0
tons
energy
recovery
­
type
unknown
Assume
off­
site
cement
kiln.

22
1.5
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
1.5
tons
management
unknown
(
degreasing
sludge
with
metal
scale
or
filings)

Assume
off­
site
incineration.

23
11.2
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
11.2
tons
fuel
blending
Assume
off­
site
cement
kiln.

Generators
of
TC
Organic
Wastes
(
D018­
D043)
and
TC
Metals
(
D004­
D011)

24
0.5
Assume
Subtitle
C
landfill
of
waste
solids.
0.5
tons
stabilization
Assume
off­
site
stabilization
and
Subtitle
C
landfill.

25
2.0
Assume
Subtitle
C
landfill
of
waste
solids.
2
tons
other
treatment
Assume
off­
site
stabilization
and
Subtitle
C
landfill.

26
0.05
Assume
Subtitle
C
landfill
of
waste
solids.
0.05
tons
stabilization
Assume
off­
site
stabilization
and
Subtitle
C
landfill.

27
4.2
Assume
Subtitle
C
landfill
of
waste
solids.
4.2
tons
transfer
facility
storage
Assume
off­
site
stabilization
and
Subtitle
C
landfill.

28
0.1
Assume
Subtitle
C
landfill
of
waste
solids.
0.1
tons
incineration
­
solids
Assume
off­
site
incineration.

29
0.1
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
0.1
tons
transfer
facility
storage
Assume
off­
site
incineration.

30
40.9
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
40.9
tons
stabilization
Assume
off­
site
stabilization
and
Subtitle
C
landfill.
Table
1.
Phase
II
LDR
Small
Business
Baseline
and
Compliance
Management
Practices
Facility
Number
1999
Generation
Quantity
(
tons)
1
Baseline
Management
1999
Management
1
8
31
4.0
Assume
Subtitle
C
landfill
of
waste
solids.
4.0
tons
incineration
­
solids
Assume
off­
site
incineration.

32
0.1
Assume
Subtitle
C
landfill
of
waste
solids.
0.1
tons
stabilization
Assume
off­
site
stabilization
and
Subtitle
C
landfill.

33
3.8
Assume
Subtitle
C
landfill
of
waste
solids.
3.8
tons
fuel
blending
Assume
off­
site
cement
kiln.

34
4.9
Assume
Subtitle
C
landfill
of
waste
solids.
4.9
tons
stabilization
Assume
off­
site
stabilization
and
Subtitle
C
landfill.

Generators
of
TC
Organic
Wastes
(
D018­
D043)
and
Ignitable
and
Corrosive
Characteristic
Wastes
(
D001­
D002)

35
5.6
Assume
Subtitle
C
landfill
of
waste
solids.
5.6
tons
transfer
facility
storage
Assume
off­
site
incineration.

36
2.7
Assume
Subtitle
C
landfill
of
waste
solids.
2.7
tons
fuel
blending
Assume
off­
site
cement
kiln.

37
2.4
Assume
Subtitle
C
landfill
of
waste
solids.
2.4
tons
transfer
facility
storage
Assume
off­
site
incineration.

38
0.4
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
0.4
tons
fuel
blending
Assume
off­
site
cement
kiln.

39
2.6
Assume
Subtitle
C
landfill
of
waste
solids.
2.6
tons
incineration
­
solids
Assume
off­
site
incineration.

40
0.6
Assume
Subtitle
C
landfill
of
waste
solids.
0.6
tons
transfer
facility
storage
Assume
off­
site
incineration.

41
4.8
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
4.8
tons
fuel
blending
Assume
off­
site
cement
kiln.
Table
1.
Phase
II
LDR
Small
Business
Baseline
and
Compliance
Management
Practices
Facility
Number
1999
Generation
Quantity
(
tons)
1
Baseline
Management
1999
Management
1
9
42
0.3
Assume
Subtitle
C
landfill
of
waste
solids.
0.3
tons
incineration
­
sludge
Assume
off­
site
incineration.

43
0.005
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
0.005
transfer
facility
storage
Assume
off­
site
incineration.

44
4.3
Assume
Subtitle
C
landfill
of
waste
solids.
4.3
tons
incineration
­
solid
Assume
off­
site
incineration.

45
4.0
Assume
Subtitle
C
landfill
of
waste
solids.
4.0
tons
transfer
facility
storage
Assume
off­
site
incineration.

46
2.3
Assume
stabilization
and
Subtitle
C
landfill
of
waste
sludges.
2.3
tons
other
disposal
Assume
off­
site
incineration.

47
10.2
Assume
Subtitle
C
landfill
of
waste
solids.
10.2
tons
fuel
blending
Assume
off­
site
cement
kiln.

1
1999
generation
and
management
information
obtained
from
the
1999
Biennial
Report
Database.
10
Table
2.
Facility­
Specific
Summary
of
LDR
Phase
II
Impacts
on
Small
Businesses
Facility
Sales
1/
Scenario
1
(
no
underlying
metals)
LDR
Costs
as
%
of
Sales
Scenario
2
(
treat
underlying
metals)
LDR
Costs
as
%
of
Sales
1
$
330,000,000
0.04%
NA
2
$
32,000,000
0.00%
NA
3
$
247,000,000
0.01%
0.01%

4
$
35,000,000
0.08%
0.08%

5
$
400,000
1.08%
1.10%

6
$
9,000,000
0.00%
0.00%

7
$
35,000,000
0.00%
0.00%

8
NA
NA
NA
9
NA
NA
NA
10
$
10,000,000
0.00%
0.00%

11
$
3,000,000
0.09%
0.09%

12
$
14,000,000
0.06%
0.06%

13
$
45,000,000
0.00%
0.00%

14
$
8,000,000
0.02%
0.02%

15
$
9,000,000
0.04%
0.04%

16
$
33,000,000
0.01%
0.01%

17
$
16,000,000
0.02%
0.02%

18
$
78,000,000
0.01%
0.01%

19
$
3,000,000
0.00%
0.00%

20
$
4,000,000
0.04%
0.04%

21
$
10,000,000
0.02%
0.02%

22
$
3,000,000
0.00%
0.00%

23
$
10,000,000
0.14%
0.14%

24
$
57,000,000
0.00%
0.00%

25
$
2,000,000
0.00%
0.01%

26
$
37,000,000
0.00%
0.00%
Table
2.
Facility­
Specific
Summary
of
LDR
Phase
II
Impacts
on
Small
Businesses
Facility
Sales
1/
Scenario
1
(
no
underlying
metals)
LDR
Costs
as
%
of
Sales
Scenario
2
(
treat
underlying
metals)
LDR
Costs
as
%
of
Sales
11
27
$
2,000,000
0.00%
0.02%

28
$
37,000,000
0.00%
0.01%

29
$
4,000,000
0.00%
0.00%

30
$
4,000,000
0.00%
0.00%

31
$
4,000,000
0.00%
0.69%

32
$
19,000,000
0.00%
0.00%

33
$
5,000,000
0.00%
0.17%

34
$
3,000,000
0.00%
0.01%

35
$
1,000,000
0.27%
0.28%

36
$
2,000,000
0.08%
0.08%

37
$
700,000
0.00%
0.00%

38
$
44,000,000
0.02%
0.02%

39
$
3,000,000
0.00%
0.00%

40
$
11,000,000
0.03%
0.03%

41
$
4,000,000
0.02%
0.02%

42
$
22,000,000
0.00%
0.00%

43
$
53,000,000
0.00%
0.00%

44
$
30,000,000
0.02%
0.02%

45
$
8,000,000
0.02%
0.02%

46
$
3,000,000
0.25%
0.25%

47
$
15,000,000
0.02%
0.02%

1/
Sales
values
rounded
to
nearest
$
1
million,
or
$
100,000
for
companies
with
less
than
$
900,000
in
sales
12
Table
3.
Summary
of
Phase
II
LDR
Impacts
on
Small
Businesses
Scenario
1
Incremental
Costs
(
No
metals)
Scenario
2
Incremental
Costs
(
With
metals)

No.
of
Companies
Scenario
1
No.

Impacted
Companies
Scenario
2
No.

Impacted
Companies
Management/

Disposal
Transport
ation
Total
Manageme
nt/
Disposal
Transporta
tion
Total
K142,
K147,
K148
Wastes
1/

TC
Organic
Wastes
(
D018­
D043)
23
17
17
$
162,177
$
74,902
$
237,080
$
162,820
$
74,902
$
237,722
TC
Organic
Wastes
(
D018­
D043)

with
TC
Metals
(
D004­
D011)
11
9
9
$
3,137
$
37,257
$
40,394
$
3,137
$
37,257
$
40,394
TC
Organic
Wastes
(
D018­
D043)

with
IC
waste
(
D001
­
D002)
13
10
10
$
10,802
$
18,749
$
29,552
$
11,222
$
18,749
$
29,971
Phase
II
LDR
TOTALS
47
36
36
$
176,116
$
130,908
$
307,026
$
177,178
$
130,908
$
308,086
1/
Estimates
for
the
Phase
II
K
wastes
are
included
with
the
TC
Organic
Wastes
(
D018­
D043)
to
avoid
disclosure.
