Analysis - The Institute for Southern Studies

Chapter 2
Potentially Affected Industries & RCRA Regulatory Options
2A. Identity of Potentially Affected Industries
There are two categories of industries which may be directly affected by the CCR regulatory options. “Directly affected entities” are
entities potentially subject to any of the rule’s requirements. 16 In addition, there are 14 or more industries which beneficially use CCR.
1. Coal-Fired Electric Utility Industry
The scope of industrial plants directly affected by the regulatory options is classifiable according to at least two different glossary systems:
Classification #1 of 2: The scope of industrial plants is classifiable as “coal-fired electric utility plants” under the US Census Bureau’s
North American Industrial Classification System” NAICS code 22 “Utilities” economic sector, and in that sector, as a subgroup of the
1,245 establishments within the NAICS 221112 “Fossil Fuel Electric Power Generation” industry: 17
NAICS 221112: This industry comprises establishments primarily engaged in operating fossil fuel powered electric power
generation facilities. These facilities use fossil fuels, such as coal, oil, or gas, in internal combustion or
combustion turbine conventional steam process to produce electric energy. The electric energy produced in
these establishments is provided to electric power transmission systems or to electric power distribution
systems.
Classification #2 of 2: The scope of industrial plants is classifiable as “electric utilities plus independent power producers” under the
Energy Information Administration (EIA) categorization system for its coal combustion electric power sector statistics: 18
Electric utility: Any entity that generates, transmits, or distributes electricity and recovers the cost of its generation, transmission or
distribution assets and operations, either directly or indirectly, through cost-based rates set by a separate regulatory
authority (e.g., State Public Service Commission), or is owned by a governmental unit or the consumers that the
entity serves. Examples of these entities include: investor-owned entities, public power districts, public utility
districts, municipalities, rural electric cooperatives, and State and Federal agencies.
Independent power A corporation, person, agency, authority, or other legal entity or instrumentality that owns or operates
producer:
facilities for the generation of electricity for use primarily by the public, and that is not an electric utility.
16 Source: “EPA’s Action Development Process: Final Guidance for EPA Rulewriters: Regulatory Flexibility Act”, OPEI Regulatory Development Series, Nov 2006, see
footnote 14 at http://www.epa.gov/sbrefa/documents/rfafinalguidance06.pdf
17 Source: NAICS codes are defined at http://www.census.gov/cgi-bin/sssd/naics/naicsrch?chart=2007
18 Source: EIA glossary of terms at http://www.eia.doe.gov/glossary/index.html
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