[GRRN] [Fwd: [gba-ne] US EPA memo: regs lead paint & wood]

From: Debra Lombard (deblombard@swinter.com)
Date: Thu Aug 10 2000 - 12:54:33 EDT

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    > 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.
    >
    > MEMORANDUM
    >
    > 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
    > waste?
    >
    > 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
    > contractor.
    >
    > 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
    > rulemaking?
    >
    > 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
    > disposal.
    > Store larger LBP architectural debris pieces in containers until ready for
    > disposal.
    > 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
    > guidelines.
    >
    > Non-adherence to these guidelines can potentially result in the loss of
    > funding.
    >
    > 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
    > (ASTSWMO)
    >
    > --------
    > Attachment(s):
    > 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)
    > http://www.state.ma.us/dep
    >
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    > Name: US EPA MEMO ON C&D.DOC
    > US EPA MEMO ON C&D.DOC Type: Winword File (application/msword)
    > Encoding: base64



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