Cost and Economic Analysis of the CESQG Rulemaking


U.S. Environmental Protection Agency 
Office of Solid Waste, OSW (renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009) 
June 199

                          INTRODUCTION

     This report presents a cost and economic impact 
analysis for revisions to the Criteria for Classification of 
Solid Waste Disposal Facilities and Practices (40 CFR Part 
257) and Identification and Listing of Hazardous Waste (40 
CFR Part 261).  These revisions have been developed by the 
U.S. Environmental Protection Agency (EPA) in response to 
Sections 3001(d)(4) and 4010(c) of the Resource Conservation 
and Recovery Act (RCRA), and an agreement reached between 
EPA and the Sierra Club pursuant to a lawsuit filed by the
Sierra Club in October 1993.

     The revisions apply to generators and managers of
conditionally exempt small quantity generator (CESQG) waste.

     CESQGs generate hazardous waste in quantities of no 
more than 100 kilograms (kg) per month, or acutely hazardous 
waste in quantities of no more than 1 kg per month.  CESQGs 
may accumulate no more than 1,000 kg of hazardous waste or 1 
kg of acutely hazardous waste at one time.  Currently, CESQG 
waste may be managed at a hazardous waste facility or  at a
Subtitle D facility that is permitted, licensed, or 
registered by a State to manage municipal or industrial 
waste.

     The revisions to Part 257establish facility standards 
for non-municipal solid waste disposal facilities that may 
receive CESQG wastes; they would not affect municipal solid 
waste landfills (MSWLFs), which are subject to the criteria 
found in 40 CFR Part 258.  The revised facility 
standardswould include location restrictions, groundwater 
monitoring, and corrective action.  The revisions to Part 
261 require CESQGs to manage their wastes at MSWLFs or at 
non-municipal solid waste facilities subject to the revised
Part 257 facility standards.  

     Executive Order No. 12866 (FR V. 58 No. 170, 51735,  
October 4, 1993) requires that regulatory agencies determine 
whether a new regulation constitutes a significant 
regulatory action.  A significant regulatory action is 
defined as an action likely to result in a rule that may:
            
       -  Have an annual effect on the economy of $100      
          million or more or adversely affect in a material 
          way the economy, a sector of the economy,          
          productivity, competition, jobs, the environment,  
          public health or safety, or state, local, or      
          tribal governments or communities;
     
       -  Create a serious inconsistency or otherwise       
          interfere with an action taken or planned by      
          another agency; 

       -  Materially alter the budgetary impact of          
          entitlements, grants, user fees, or loan programs 
          or the rights and obligations of recipients       
          thereof; or 

       -  Raise novel legal or policy issues arising out of  
          legal mandates, the President's priorities, or the 
          principles set forth in Executive Order 12866.
     To meet the requirements of EO 12866, this report 
includes an estimate of the incremental costs of the rule 
and its potential effects on small businesses.   

     This Cost and Economic Impact Analysis was originally 
presented in May, 1995, accompanying the proposed 
rulemaking; this report replaces that version.  Changes made 
in this final version include: 

          Revised labor rate
          Revised overall costs of the rulemaking, in        
            anticipated scenario and "high-end" scenario. 
          Clarifications of methodology used
     
The report is organized as follows:

       -  Chapter 2 discusses the parties affected by this  
          rulemaking; 
   
       -  Chapter 3 describes the methodology used for the   
          cost analysis;
     
       -  Chapter 4 presents the results of the cost         
          analysis;
     
       -  Chapter 5 discusses the limitations of the cost    
          analysis; and 
     
       -  Chapter 6 discusses potential effects on small     
          businesses.