### Data from Economic Analysis re: Long**- Term Care Facilities** 

1. Number of LTCFs Exhibit 2

- 1 of the RIA shows the number of healthcare facilities that may be affected by the proposed rule. As the exhibit shows, some long

-term care facilities are being considered for inclusion under the proposed rule, including nursing care facilities (NAICS 6231) and continuing care retirement communities with on

- site nursing facilities (NAICS 623311). Other long

-term facilities will not be affected by the proposed rule; these include: residential intellectual and developmental disability, mental health , and substance abuse facilities (NAICS 6232), homes for the elderly (NAICS 623312) and other residential care facilities (NAICS 6239). These facilities would still be excluded under the household hazardous waste exemption. For the two categories of long

-term care facilities that are included under the proposed rule, approximately 28 percent are estimated to be hazardous waste pharmaceutical generators. Therefore, the remaining 72 percent of these long

-term care facilities are estimated to not generate hazardous waste pharmaceuticals and wi ll not be impacted by the rule. Of the 28% of long

-term care facilities that generate hazardous waste pharmaceuticals 14% are SQGs ( 834 facilities) and 1% are LQGs (75 facilities) , as shown in the Table 1 below. We estimate that 85% of long

-term care facilities that generate hazardous waste pharmaceuticals are CESQGs (5240). Under the proposal, CESQG healthcare facilities are subject only to the sewer ban and not to any of the other provi sions of the proposed rule

. Further, in general CESQGs are exempt from the standards that apply to SQGs and LQGs in regards to accumulating, managing, transporting, and disposing hazardous waste.

**Table 1: Estimated Number of Long**  **- Term Care Facilities**  **that will be Affected by the Proposed Rule**

**NAICS FACILITY TYPE**  **GENERATOR STATUS TOTAL NUMBER**  **OF FACILITIES**  **AFFFECTED BY THE RULE**  **(CESQG, SQG, LQG) TOTAL**  **NUMBER OF FACILITIES IN**  **THE U.S. NON**  **** **GENERATOR CESQG**  **SQG LQG**  6231 Nursing Care

Facilities 11,81 2 (72.4%) 3,70 1

(22.7%) 740

(4.5%) 67

(0.4%) 4,50 8

(27.6%) 16,320

(100%)
623311 Continuing Care

Retirement Communities 4,298 (72.4%) 1,539

(25.9%) 94

(1.6%) 8

(0.1%) 1,641

(27.6%) 5,939

(100%) **All Long -**  **term Care Facilities 16,1**  **10 (72.4%)**  **5,24 0** 

**(2 3**  **.5%) 834** 

**(3. 7** **%) 75** 

**(0.3%) 6,**  **149**

**(27.6%) 22,259** 

**(100%)**

# Summary	of	Interagency	Working Comments	on	Draft	Language	under

EO12866 /13563 Interagency	Review.		Subject	to	Further	Policy	Review.

2 2. Amount of pharmaceutical waste generated: As described in Exhibit 2

- 19 of the RIA, approximately 36,200 tons of hazardous waste pharmaceuticals are generated by all healthcare facilities in the United States on an annual basis. Of this, approximately 873 tons (2.4 percent) is generated by long

-term care facilities. As shown in Table 2 below , long -term care facilities that are LQGs generate an average of 2 tons of hazardous waste pharmaceuticals per faci lity per year, while long

-term care facilities that are SQGs generate an average of 0.6 tons of hazardous waste pharmaceuticals per facility per year.
3. Amount of waste that is considered a controlled substance under DEA Our data does not have sufficient detail to answer this precisely . However, only 5 hazardous waste pharmaceuticals are also DEA controlled substances. We are proposing that these hazardous waste pharmaceuticals will be exempt from RCRA, provided they are incinerated (at a permitted hazardou s waste or municipal solid waste incinerator) and managed in accordance with DEA regulations. 4. Disposal method(s)/disposal method percentages Information on disposal method assumptions can be found in Exhibit 3

- 9 of the RIA. Below, we synthesize information from these two tables to show the estimated amount of hazardous waste pharmaceuticals generated by long

-term care facilities (and disposal management methods).
**Table 2: Annual**  **Generation and Management of Hazardous Waste Pharmaceuticals by**  **Long -** **term Care Facilities**

**GENERATOR STATUS**  **NUMBER**

**OF LTCFS**  **AFFECTED BY THE**  **RULE HAZARDOUS** 

**WASTE PHARMACEUTICALS**  **PER LTCF**  **(TONS) TOTAL** 

**HAZARDOUS WASTE**  **PHARMACEUTICALS (TONS)**  **DISPOSAL METHOD IN T HE BASELINE**  **(TONS)**

**SEWERING MSW** 

**DISPOSAL INCINERATION**  **SENT TO RD**  CESQG 5,240 0.04 212 44 89 63 15 SQG 834 0.60 498 105 0 359 35 LQG 75 2.17 163 28 0 124 11 **TOTAL 6,149**  **N/A 873**  **177 89**  **546 61**  

### Table 3
**GENERATOR STATUS**  **DISPOSAL METHOD IN T HE BASELINE**  **(PERCENTAGE) SEWERING**  **MSW**

**DISPOSAL INCINERATION**  **SENT TO RD**  CESQG 21% 42% 30% 7% SQG 21% 0% 72% 7% LQG 17% 0% 76% 7% **WTD. AVG. 20%**  **10% 63%**  **7% MSW = MUNICIPAL SOLI**  **D WASTE**