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Paint Listing Final Rule

The Final Rule contains:

Final Rule - April 4, 2002

The EPA is issuing a final determination not to list as hazardous certain wastes generated from the production of paint. EPA is making this determination under the Resource Conservation and Recovery Act (RCRA), which directs EPA to determine whether certain wastes from the paint production industry may present a substantial hazard to human health or the environment. EPA proposed concentration-based listings for certian paint waste solids (K179) and liquids (K180) on February 12, 2001 (66 FR 10060). However, following a review of the public comments and supplemental analyses based on public comments, EPA has determined that the paint wastes identified in the February 13, 2001 proposal do not present a substantial hazard to human health or the environment. Therefore, EPA is making a final determination that these paint wastes are not listed hazardous wastes. Also, because the identified paint wastes are not listed hazardous wastes, EPA is not promulgating Land Disposal Restriction (LDR) treatment standards for these wastes, designating these wates as Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances with reportable quantities (RQs), or designating any of the constituents in these wates as new Appendix VIII constituents.

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Federal Register Notice

Fact Sheet (PDF) (2 pp, 58K)

Index to the Docket (PDF) (6 pp, 50K)

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Selected Support Materials

Response to Comments Document (PDF) - March 2002 (328 pp, 923K)

Addendum to Risk Assessment Background Document (PDF) - February 28, 2002 (156 pp, 1.0MB)

Sampling Population Determination Final Report - December 30, 2001

Public Comment Summary Addressing Economic Issues, November 30, 2001 (PDF) (19 pp, 42K)

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Proposed Rule - February 13, 2001

The EPA proposed to amend the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) by listing as hazardous certain waste solids and liquids generated from the production of paint. EPA proposed a concentration-based listing approach for each of these wastes. Under this approach, the identified paint production wastes are hazardous if they contain any of the constituents of concern at concentrations that meet or exceed regulatory levels. Generators must determine whether their wastes are listed hazardous wastes. If their wastes are below regulatory levels for all constituents of concern, then their wastes are nonhazardous. We also proposed a contingent management option for waste liquids. These wastes would not be subject to the listing if they are stored or treated exclusively in tanks or containers prior to discharge to a publicly owned treatment works or discharged under a Clean Water Act national pollutant discharge elimination system permit.

This proposal would also add the toxic constituents n-butyl alcohol, ethyl benzene, methyl isobutyl ketone, styrene, and xylenes found in these identified wastes to the list of constituents that serves as the basis for classifying wastes as hazardous, and to establish treatment standards for the wastes. Due to the uncertainties in our assessment of the management of paint manufacturing waste liquids in surface impoundments, we are also considering an alternative proposal not to list paint manufacturing waste liquids. If these paint production wastes are listed as hazardous waste, then they will be subject to stringent management and treatment standards under Subtitle C of RCRA. Additionally, this action proposes to designate these wastes as hazardous substances subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and to adjust the one pound statutory reportable quantities (RQs) for these substances.

Other actions proposed in this notice would add acrylamide and styrene to the treatment standards applicable to multisource leachate and designate styrene as an underlying hazardous constituent. As a result, a single waste code would continue to be applicable to multisource landfill leachates and residues of characteristic wastes would require treatment when styrene is present above the proposed land disposal standards.

Federal Register Notice (PDF) (188 pp, 1.1MB) || Federal Register Notice

Fact Sheet (PDF) (2 pp, xxK) || Text

Index to the Docket (PDF) (49 pp, 111K)

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Selected Support Materials

Listing Background Document for Paint Manufacturing Listing Determination (Proposed Rule) (PDF) (179 pp, 1.4MBK)

Risk Assessment Technical Background Document for the Paint and Coatings Hazardous Waste Listing Determination

Risk Assessment Appendices to Background Document

Background Document for Capacity Analysis for Land Disposal Restrictions: Paint Production Wastes (Proposed Rule) (PDF) (118 pp, 688K)

Regulatory Flexibility Screening Analysis for the Proposed Concentration-Based Listing of Wastewaters and Non-wastewaters from the Production of Paints and Coatings (PDF) (87 pp, 194K)

Appendices for the Regulatory Flexibility Screening Analysis for the Proposed Concentration-Based Listing of Wastewaters and Non-wastewaters from the Production of Paints and Coatings (PDF) (101 pp, 378K)

Economic Assessment for the Proposed Concentration-Based Listing of Wastewaters and Non-wastewaters from the Production of Paints and Coatings (PDF) (234 pp, 692K)

Best Demonstrated Available Technology (BDAT) Background Document For Paint Production Wastes K179 and K180 (PDF) (64 pp, 104K)

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Related Links

RCRA Section 3007 Survey for Paint Manufacturing Facilities, August 1999

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