> Please feel free to forward. Thanks. I have also attached this memo (same
> text as in e-mail).
> EPA has released a regulatory clarification memo explaining that lead paint
> debris generated by contractors in households is considered a 'household
> waste' and is thus excluded from the RCRA Subtitle C hazardous waste
> regulations. Households include single family homes, apartment buildings,
> public housing, and military barracks.
> Last year EPA took comments on a proposed rule that would require more
> Scrutiny and careful handling of C&D materials that potentially contain lead
> based paint (LBP)
> The new clarification memo from the Office of Solid Waste should alleviate
> those concerns, in advance of a final rule.
> From: Elizabeth A. Cotsworth, Director
> Office of Solid Waste
> To: RCRA Senior Policy Advisors
> EPA Regions 1 - 10
> Subject: Regulatory Status of Waste Generated by Contractors and Residents
> from Lead-Based Paint Activities Conducted in Households
> What is the purpose of this interpretation?
> This memorandum clarifies the regulatory status of waste generated as a
> Result of lead-based paint (LBP) activities (including abatement, renovation
> and remodeling) in homes and other residences. Since 1980, EPA has excluded
> A household waste from the universe of RCRA hazardous wastes under 40 C
> FR 261.4(b)(1). In the 1998 temporary toxicity characteristic (TC) suspension
> proposal, we clarified that the household waste exclusion applies to all LBP
> waste generated as a result of actions by residents of households (hereinafter
> referred to as "residents") to renovate, remodel or abate their homes on their
> own 63 FR 70233, 70241 (Dec. 18, 1998). In this memorandum, EPA is
> explaining that we believe lead paint debris generated by contractors in
> households is also "household waste" and thus excluded from the RCRA Subtitle C
> hazardous waste regulations. Thus, the household exclusion applies to
> waste generated by either residents or contractors conducting LBP activities
> in residences.
> What is the practical significance of classifying LBP waste as a household
> As a result of this clarification, contractors may dispose of hazardous
> -LBP wastes from residential lead paint abatements as household garbage
> subject to applicable State regulations. This practice will simplify many
> lead abatement activities and reduce their costs. In this way, the
> clarification in today's memorandum will facilitate additional residential
> abatement, renovation and remodeling, and rehabilitation activities, thus
> protecting children from continued exposure to lead paint in homes and making
> residential dwellings lead safe for children and adults.
> LBP debris (such as architectural building components -- doors, window
> frames, painted wood work) that do not exhibit the TC for lead need not be
> managed as hazardous waste. However, LBP waste such as debris, paint chips,
> dust, and
> sludges generated from abatement and deleading activities that exhibit the TC
> for lead (that is, exceed the TC regulatory limit of 5 mg/L lead in the waste
> leachate), are hazardous wastes and must be managed and disposed of in
> accordance with the applicable RCRA subtitle C requirements (including land
> disposal restrictions) except when it is "household waste." Under 40 C
> FR261.4(b)(1), household wastes are excluded from the hazardous waste
> management requirements. Today, EPA is clarifying that waste generated as
> part of LBP activities conducted at residences (which include single family
> homes, apartment buildings, public housing, and military barracks) is also
> household waste, that such wastes are no longer hazardous wastes and that
> such wastes thus are excluded from RCRA's hazardous waste management and
> disposal regulations. Generators of residential LBP waste do not have to
> make a RCRA hazardous waste determination. This interpretation holds
> regardless of whether the waste exhibits the toxicty characteristic or
> whether the LBP activities were performed by the residents themselves or by a
> Where can I dispose of my household LBP waste?
> LBP waste from residences can be discarded in a municipal solid waste landfill
> (MSWLF) or a municipal solid waste combustor. Dumping and open burning of
> residential LBP waste is not allowed. Certain LBP waste (such as large
> quantities of concentrated lead paint waste -- paint chips, dust, or sludges)
> from residential deleading activities may be subject to more stringent
> requirements of State, local, and/or tribal authorities.
> What is the basis for this interpretation?
> The household waste exclusion implements Congress's intent that the hazardous
> waste regulations are "not to be used either to control the disposal of
> substances used in households or to extend control over general municipal
> wastes based on the presence of such substances." S. Rep. No. 94-988, 94th
> Cong., 2nd
> Sess., at 16. EPA regulations define "household waste" to include "any waste
> material (including garbage, trash, and sanitary wastes in septic tanks)
> derived from households (including single and multiple residences, hotels and
> motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
> grounds and day-use recreation areas)." 40 CFR 261.4(b)(1). The Agency has
> applied two criteria to define the scope of the exclusion: (1) the waste must
> be generated by individuals on the premises of a household, and (2) the waste
> must be composed primarily of materials found in the wastes generated by
> consumers in their homes (49 FR 44978 and 63 FR 70241).
> In 1998, EPA concluded that LBP waste resulting from renovation and
> remodeling efforts by residents of households met these criteria. (63 FR
> 70241-42, Dec.18, 1998). In short, the Agency found that more and more
> residents are engaged in these activities and thus the waste can be
> considered to be generated by individuals in a household and of the type that
> consumers generate routinely in their homes. Wastes from LBP abatements
> performed by residents were also considered household wastes.
> EPA clarifies that this interpretation also applies to contractor-generated
> LBP waste from renovations, remodeling and abatements in residences. Both
> the definition of household waste in section 261.4(b)(1) and the Agency's
> criteria for determining the scope of the exclusion focus on the type of
> waste generated and the place of generation rather than who generated the
> waste (e.g., a resident or a contractor). This approach is consistent with
> prior Agency policy. Since contractor-generated LBP waste from residential
> renovations, remodeling, rehabilitation, and abatements are of the type
> generated by consumers in their homes, it is appropriate to conclude that
> such waste, whether generated by a resident or contractor, falls within the
> household waste exclusion. This clarification will facilitate lead
> abatements and deleading activities in target housing by reducing the costs
> of managing and disposing of LBP waste from residences.
> What is the relationship of this interpretation to the on-going LBP debris
> On December 18, 1998, EPA proposed new TSCA standards for management and
> disposal of LBP debris (63 FR 70190) and simultaneously proposed to suspend
> temporarily the applicability of the RCRA hazardous waste regulations that
> currently apply to LBP debris (63 FR 70233). This memorandum responds to
> stakeholders requests that EPA clarify whether the existing household waste
> exclusion applies to both homeowners and contractors conducting LBP
> activities in residences. While the Agency still intends to finalize aspects
> of the two proposals, we are making this clarification in advance of the
> final rule to facilitate LBP abatement in residences without unnecessary delay.
> How does this interpretation affect EPA's enforcement authorities?
> Under this clarification, LBP wastes generated by residents or contractors
> from the renovation, remodeling, rehabilitation, and/or abatement of
> residences are household wastes that are excluded from EPA3Ds hazardous waste
> requirements in 40CFR Parts 124, and 262 through 271. The household waste
> provision of 40 CFR 261.4(b)(1) only excludes such wastes from the RCRA
> regulatory requirements.However, it does not affect EPA's ability to reach
> those wastes under its statutory authorities, such as RCRA A73007
> (inspection) and A77003 (imminent hazard). See 40 CFR A7261.1(b).
> What are the "best management practices" for handling residential LBP waste?
> Although excluded from the hazardous waste regulations, EPA encourages
> residents and contractors managing LBP waste from households to take common
> sense measures to minimize the generation of lead dust, limit access to
> stored LBP wastes including debris, and maintain the integrity of waste
> packaging material during transfer of LBP waste. In particular, we continue
> to endorse the basic steps outlined in the 1998 proposals for the proper
> handling and disposal of LBP waste (63 FR 70242) as the best management
> practices (BMPs) including:
> · Collect paint chips and dust, and dirt and rubble in plastic trash bags for
> · Store larger LBP architectural debris pieces in containers until ready for
> · Consider using a covered mobile dumpster (such as a roll-off container) for
> storage of LBP debris until the job is done.
> · Contact local municipalities or county solid waste offices to determine
> where and how LBP debris can be disposed.
> In addition, contractors working in residential dwellings are subject to
> either one or both of the following:
> · The HUD Guidance for contractors doing publically-funded
> rehabilitation/renovation projects in public housing. (See Guidelines for
> the evaluation and Control of Lead-Based Paint Hazards in Housing. U.S.
> Department of Housing and Urban Development, June 1995) The HUD guidelines
> can be accessed via the Internet at: http://www.hud.gov/lea/learules.html
> · TSCA 402/404 training and certification requirements. (See 40 CFR Part
> 745; 61 FR 45778, August 29, 1996) and the proposed TSCA onsite management
> standards (See 40 CFR Part 745, Subpart P; 63 FR 70227 - 70230, Dec. 18,
> 1998). [EPA expects to issue the final rule next year.]
> The above-mentioned BMPs for households are similar to those included in the
> HUD guidelines for individuals controlling LBP hazards in housing. HUD
> requires that contractors using HUD funding adhere to LBP hazard control
> Non-adherence to these guidelines can potentially result in the loss of
> Does this interpretation apply in my State and/or locality?
> We encourage contractors and residents to contact their state, local and/or
> tribal government to determine whether any restrictions apply to the disposal
> of residential LBP waste. This verification is necessary since, under RCRA,
> States, local and tribal governments can enforce regulations that are more
> stringent or broader in scope than the federal requirements. Thus, under
> such circumstances, LBP waste from households may still be regulated as a
> hazardous waste as a matter of State regulations.
> We are distributing this memorandum to all 56 States and Territories, and
> Tribal Programs and various trade associations. We encourage States to
> arrange for implementation of the interpretation discussed in this memo in
> their States to facilitate residential LBP abatements making residential
> dwellings lead-safe.
> We encourage trade associations to inform their memberships about this memo
> and instruct them about ways to manage residential LBP waste.
> Whom should I contact for more information?
> If you have additional questions concerning the regulatory status of waste
> generated from lead- based paint activities in residences, please contact Ms.
> Rajani D. Joglekar of my staff at 703/308- 8806 or Mr. Malcolm Woolf of the
> EPA General Counsel's Office at 202/564-5526.
> cc: Key RCRA Contacts, Regions 1 - 10
> RCRA Regional Council Contacts, Regions 1 - 10
> RCRA Enforcement Council Contacts, Regions 1 - 10
> Association of State and Territorial Solid Waste Management Officials
> US EPA MEMO ON C&D.DOC
> Steve Long
> Recycling Markets Planner
> MA Department of Environmental Protection
> One Winter Street, 9th floor
> Boston, MA 02108
> (617) 292-5734 (voice)
> (617) 292-5778 (fax)
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> Name: US EPA MEMO ON C&D.DOC
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