RIS-Page 6
The state HWMP follows the federal HWMP in that it establishes a stratified system of management requirements
based on the waste type, monthly generation quantities, length of time waste remains on-site, and how a facility
handles the waste from a recycling, storage, treatment, and/or disposal perspective. Those that generate small
amounts of a given hazardous waste are generally subject to less restrictive standards. While there is not necessarily
a direct relationship between the size of a business and the type and quantity of hazardous waste generated, it is not
unreasonable to conclude that most small businesses generate smaller quantities of waste. So, while not specifically
exempted by size alone, smaller businesses will likely be able to take advantage of less restrictive management
requirements.
A. Identify and estimate the number of small businesses affected by the proposed rules and the probable effect on
small businesses.
Aside from licensed treatment, storage, and disposal facilities (TSDFs), entities regulated under the state HWMP are
not required to provide information regarding their number of employees or annual expenses or sales. With respect to
TSDFs, EGLE requires information regarding key positions directly responsible for hazardous waste operations, not
information regarding all employees. The type of data submitted to EGLE is related to the type and quantity of
hazardous waste generated monthly and annually, the duration of accumulation or storage on-site, and subsequent
waste management methods and companies involved in that management (transporter, TSDF, etc.). Some very small
quantity generators may only have a handful of employees while some generators may have hundreds of employees
throughout its sites (e.g., General Motors). All small businesses would be required to comply with applicable state
HWMP rules, but depending on the volume of waste generated, they may have less restrictive management
requirements.
B. Describe how the agency established differing compliance or reporting requirements or timetables for small
businesses under the rules after projecting the required reporting, record-keeping, and other administrative costs.
EGLE did not establish differing compliance or reporting requirements or timetables specific to small businesses in
and of themselves. Rather, all requirements are based on waste types, generation rates, and methods of management
as noted above. The proposed rules do not impose new requirements on the smallest generators (based on monthly
generation rates).
C. Describe how the agency consolidated or simplified the compliance and reporting requirements for small
businesses and identify the skills necessary to comply with the reporting requirements.
EGLE did not consolidate or simplify the compliance and reporting requirements specific to small businesses. Rather
all requirements are based on waste types, generation rates, and methods of management as noted above. The
proposed rules do not impose new requirements on the smallest generators (based on monthly generation rates).
D. Describe how the agency established performance standards to replace design or operation standards required
by the proposed rules.
Businesses that generate smaller amounts of hazardous waste are generally subject to less restrictive standards, some
of which are more like performance standards than detailed design or operation standards.
18. Identify any disproportionate impact the proposed rules may have on small businesses because of their size or
geographic location.
The proposed rules will not have a disproportionate impact on small businesses because of their size or geographic
location. Impact is based on the waste type, generation rate, or method of management.
19. Identify the nature of any report and the estimated cost of its preparation by small businesses required to
comply with the proposed rules.
The proposed rules do not impose any reporting requirements unique to small businesses.
20. Analyze the costs of compliance for all small businesses affected by the proposed rules, including costs of
equipment, supplies, labor, and increased administrative costs.
The cost of compliance, including costs of equipment, supplies, labor, and administration with respect to
implementation of the proposed rules, is dependent upon such factors as the type of hazardous waste involved; the
level of generation; the level of management; the regulatory option selected if more than one is available; and the
level of in-house expertise available and necessary to ensure proper management. These variables, while not directly
related to the size of the business, can all impact the costs of compliance for small businesses and large businesses
alike.
21. Identify the nature and estimated cost of any legal, consulting, or accounting services that small businesses
would incur in complying with the proposed rules.
MCL 24.245(3)