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Criteria for Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal Solid Waste Landfills: Disposal of Residential Lead-Based Paint Waste
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 18, 2003 (Volume 68, Number 117)]
[Rules and Regulations]
[Page 36487-36495]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn03-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 257 and 258
[FRL-7514-7]
RIN 2050-AE86
Criteria for Classification of Solid Waste Disposal Facilities
and Practices and Criteria for Municipal Solid Waste Landfills:
Disposal of Residential Lead-Based Paint Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: To help accelerate the pace of lead-based paint removal from
residences, and thereby reduce exposure to children and adults from the
health risks associated with lead, EPA is promulgating a change to its
definition of ``municipal solid waste landfill unit'' in both the
Criteria for Classification of Solid Waste Disposal Facilities and
Practices and the Criteria for Municipal Solid Waste Landfills. In
addition, EPA is promulgating two new definitions for ``construction
and demolition (C&D) landfill'' and ``residential lead-based paint
waste.'' This final rule will expressly allow residential lead-based
paint waste that is exempted from the hazardous waste management
requirements as household waste to be disposed of in construction and
demolition landfills by stating that a construction and demolition
landfill accepting residential lead-based paint waste, and no other
household waste, is not a municipal solid waste landfill unit. Today's
action would not prevent a municipal solid waste landfill unit from
continuing to receive residential lead-based paint waste.
DATES: This final rule will become effective on June 18, 2003. The
Agency finds good cause to make this rule effective immediately because
today's final rule provides an additional disposal option for
residential lead-based paint waste.
ADDRESSES: Copies of the documents relevant to this action (Docket No.
RCRA-2001-0017) are available for public inspection during normal
business hours from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding federal holidays, at the RCRA Information Center (RIC),
located at EPA West, Room B-102, 1301 Constitution Ave., NW.
Washington, DC.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing
impaired). In the Washington, DC, metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323.
For information on specific aspects of this rule, contact Paul
Cassidy, Municipal and Industrial Solid Waste Division, Office of Solid
Waste (mail code 5306W), U.S. Environmental Protection Agency (EPA,
HQ), 1200 Pennsylvania Avenue, NW, Washington, DC 20460; (703) 308-
7281, cassidy.paul@epa.gov. The index and some supporting materials are
available on the Internet. You can find these materials at
http://www.epa.gov/epaoswer/non-hw/muncpl/landfill/pb-paint.htm.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Regulated Entities
Entities potentially covered by this regulation are public or
private individuals or groups that generate residential lead-based
paint (LBP) waste as a result of abatement, rehabilitation, renovation
and remodeling in homes, residences, and other households. By
``households,'' we mean single and multiple residences, hotels and
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas. Affected categories and entities
include:
[[Page 36488]]
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Category Examples of affected entities
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Individuals and firms who Contractors and do-it-yourselfers who
generate residential LBP generate and dispose of residential LBP
wastes. waste as a result of abatement,
rehabilitation, renovation and
remodeling in homes, residences, and
other households.
Construction and demolition Owners or operators of construction and
waste disposal firms. demolition landfills that accept
residential LBP waste for disposal.
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The table above is not intended to be exhaustive but, rather, is
intended to provide examples of entities likely to be regulated by this
action. To determine whether your facility would be impacted by this
action, you should carefully examine the applicability criteria in this
rule. If you have questions regarding the applicability of this action
to a particular facility, please contact Paul Cassidy, U.S. EPA, Office
of Solid Waste (5306W), 1200 Pennsylvania Ave. NW., Washington, DC
20460; telephone 703-308-7281; e-mail: cassidy.paul@epa.gov.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. RCRA-2001-0017. The official public docket
consists of the documents specifically referenced in this action, any
public comments received and other information related to this action.
The official public docket is the collection of materials that is
available for public viewing at the RCRA Information Center (RIC),
located at EPA West, Room B-102, 1301 Constitution Ave. NW., Washington
DC. The Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744. In the Washington, DC,
metropolitan area, call 202-566-0270 or TDD 703-412-3323 (hearing
impaired). To review the docket materials in person, we recommend that
the public make an appointment by calling 202-566-0270. The public can
copy a maximum of 100 pages from the docket at no charge. Additional
copies cost $0.15/page. If you access the information electronically,
you can download or print copies free of charge.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http.www.epa.gov/fedrgstr.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ to access the index
listing of the contents of the official public docket, and to access
those documents in the public docket that are available electronically.
Once in the system, select ``search,'' then key in the appropriate
docket identification number. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified above
in Unit I.B.
C. Acronyms
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Acronym Definition
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CDC................................ Centers of Disease Control and
Prevention.
C&D................................ Construction and Demolition.
CFR................................ Code of Federal Regulations.
EA................................. Economic Analysis.
EPA................................ Environmental Protection Agency.
FR................................. Federal Register.
HUD................................ U.S. Department of Housing and
Urban Development.
IQ................................. Intelligence Quotient.
LBP................................ Lead-Based Paint.
MSWLF.............................. Municipal Solid Waste Landfill.
OMB................................ Office of Management and Budget.
OPPTS.............................. Office of Prevention, Pesticides,
and Toxic Substances.
OSWER.............................. Office of Solid Waste and Emergency
Response.
RCRA............................... Resource Conservation and Recovery
Act.
RIC................................ RCRA Docket Information Center.
TC................................. Toxicity Characteristic.
TCLP............................... Toxicity Characteristic Leaching
Procedure.
TSCA............................... Toxic Substances Control Act.
USEPA.............................. United States Environmental
Protection Agency.
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Outline
I. Legal Authority
II. Summary of Proposed Lead-Based Paint Rule
A. Proposed Change to the Definition of ``Municipal Solid Waste
Landfill (MSWLF) Unit''
B. Proposed Definition of ``Construction and Demolition (C&D)
Landfill''
C. Proposed Definition of ``Residential Lead-Based Paint Waste''
D. Rationale for Proposed Rule
III. Summary of Public Comments and the Agency's Responses to those
Comments
IV. Other Applicable Federal, State, Tribal, and Local Requirements
V. How Will States and Tribes Implement this Rule?
VI. How Does this Rule Comply with Applicable Statutes and Executive
Orders? Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act of 1995
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Legal Authority
EPA is promulgating this rule pursuant to section 1008(a)(3),
2002(a), 4004(a) and 4010(c) of the Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. Secs. 6907(a), 6912(a), 6944(a), 6949a(c). We are
also correcting a typographical error in the existing statement of
authority in part 257 by amending the citation to 42 U.S.C. 6949(c) to
read ``6949a(c).''
II. Summary of Proposed Lead-Based Paint Rule
A. Proposed Change to the Definition of ``Municipal Solid Waste
Landfill (MSWLF) Unit''
In its October 23, 2001, proposal (see 66 FR 53566-53573) regarding
the disposal of residential lead-based paint waste, the Agency proposed
to expressly allow construction and demolition landfills to receive
residential lead-based paint (LBP) waste.\1\ This was to be
accomplished in part by adding a sentence to the definition of
municipal solid waste landfill (MSWLF) unit in 40 CFR 257.2 and 258.2,
as follows: ``A
[[Page 36489]]
construction and demolition landfill that receives residential lead-
based paint waste and does not receive any other household waste is not
a MSWLF unit.'' The Agency explained in the preamble to the proposal
that the existing definition of a MSWLF unit includes language which
states that a disposal unit ``that receives household waste'' is a
municipal solid waste landfill unit. This language can be construed to
prohibit the disposal of any household waste into a facility that is
not designed and operated in conformance with 40 CFR part 258
regulations. As a result the Agency proposed to amend the definition of
MSWLF unit, to distinguish residential lead-based paint waste, which
has been determined to be a household waste, from other types of
household waste, for purposes of disposal.
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\1\ EPA published a direct final rule at 66 FR 53535 (Oct. 23,
2001) together with the proposed rule. EPA withdrew the direct final
rule after receiving adverse comments. 66 FR 67108 (Dec. 28, 2001).
Today's rule is final action on the proposed rule.
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The definition as proposed is as follows: ``Municipal solid waste
landfill (MSWLF) unit means a discrete area of land or an excavation
that receives household waste, and that is not a land application unit,
surface impoundment, injection well, or waste pile, as those terms are
defined in this section. A MSWLF unit also may continue to receive
other types of RCRA Subtitle D wastes, such as commercial solid waste,
nonhazardous sludge, and industrial solid waste. Such a landfill may be
publicly or privately-owned. A MSWLF unit may be a new MSWLF unit, an
existing MSWLF unit or a lateral expansion. A construction and
demolition landfill that receives residential lead-based paint waste
and does not receive any other household waste is not a MSWLF unit.''
The proposed change was designed to simply distinguish residential
LBP waste from other household wastes. The proposal would not alter
what a MSWLF could or could not receive. MSWLFs would be allowed to
continue to receive residential LBP waste as household waste. The
proposed rule expressly provided an additional land-based waste
disposal option for residential LBP waste.
B. Proposed Definition of ``Construction and Demolition Landfill''
The October 23, 2001 notice also proposed to add a definition of a
construction and demolition (C&D) waste landfill, which would expressly
allow only C&D landfills, and no other types of land disposal units
that meet the criteria of 40 CFR part 257, to receive residential LBP
waste. The Agency proposed to define a C&D landfill as follows:
``Construction and demolition (C&D) landfill means a solid waste
disposal facility subject to the requirements of subparts A or B of
this part that receives construction and demolition waste and does not
receive hazardous waste (defined in Sec. 261.3 of this chapter) other
than conditionally exempt small quantity generator waste (defined in
Sec. 261.5 of this chapter), or industrial solid waste (defined in Sec.
258.2 of this chapter). A C&D landfill typically receives any one or
more of the following types of solid wastes: roadwork material,
excavated material, demolition waste, construction/renovation waste,
and site clearance waste.'' The proposed rule would add this definition
to 40 CFR parts 257 and 258.
C. Proposed Definition of ``Residential Lead-Based Paint Waste''
Finally, EPA proposed to define ``residential lead-based paint
waste'' to clarify the scope of the waste stream addressed by the
proposed rule. The proposed definition of residential lead-based paint
waste is as follows: ``Residential lead-based paint waste means waste
generated as a result of lead-based paint activities (including
abatement, rehabilitation, renovation and remodeling) in homes and
other residences. The term residential lead-based paint waste includes,
but is not limited to, lead-based paint debris, chips, dust, and
sludges.'' Not included in the proposed definition of residential LBP
waste were residential LBP demolition and deconstruction waste, and LBP
waste from nonresidential structures such as public and commercial
buildings, warehouses, bridges, water towers, and transmission towers.
In proposing the definition of residential lead-based paint waste,
the Agency included these particular LBP activities because they were
limited to residences and would pose lead hazards to occupants,
especially to children. We included the particular waste types (i.e.,
debris, chips, dust, and sludges) because they are typically generated
during the named LBP activities.
D. Rationale for Proposed Rule
In the preamble to the proposal, EPA explained the Agency's
rationale and justification of the proposed changes, as well as the
analytical basis for the proposal. The proposal provided a specific
discussion of: (1) The reasons that residential lead-based paint is a
concern to children; (2) the Congressional enactment of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (hereinafter referred to
as Title X of the Housing and Community Development Act of 1992, or
Title X); (3) the concerns of stakeholders who have seen the
application of RCRA's hazardous waste regulations as a barrier to the
cost-effective abatement of lead hazards; (4) the 1988 proposed rule
under the Toxic Substances Control Act (TSCA) which proposed new TSCA
management and disposal standards for LBP debris generated by
contractors from pre-1978 homes and public and commercial buildings;
(5) the 1988 temporary suspension of the toxicity characteristic for
specified lead-based paint debris under RCRA; and (6) the July 31, 2000
memorandum clarifying the regulatory status under RCRA Subtitle C of
wastes generated as a result of LBP activities, including abatements,
renovation and remodeling, and rehabilitations in homes and other
residences. In the July 31, 2000 memorandum, the Agency interpreted
residential LBP waste as a household waste excluded from the hazardous
waste management requirements pursuant to the household waste exclusion
in 40 CFR 261.4(b)(1), thus giving rise to the proposed amendments to
parts 257 and 258 to expand disposal options for residential LBP waste
to include C&D landfills, as well as MSWLF units.
III. Summary of Public Comments and the Agency's Response to Those
Comments
The Agency received a total of eight comments on the proposed
residential LBP waste rule: four from construction and/or demolition
trade associations, and one each from a state, an association of state
agencies, an environmental organization, and an individual. In general,
commenters supported the proposal to allow residential LBP waste to be
disposed of in C&D landfills. However, some commenters requested
clarifications of the rule or preamble language or suggested additions
to the rule language.
Definition of Residential Lead-Based Paint Waste
The state commenter argued that the proposed rule contained a
significant flaw by including chips, dust and sludges in the definition
of ``residential lead-based paint waste,'' because EPA failed to take
into account the potential for sleet, surface-water or wind-borne
movement of lead paint chips, dust, and sludges off-site from a C&D
landfill. The commenter stated that the placement of LBP dust, chips
and sludges in an open environment (i.e., a landfill that does not
provide for daily cover) over an extended period of time, e.g., 30
days, may allow a significant rain or wind event to transport lead-
containing materials off-site. The commenter
[[Page 36490]]
further stated that sudden intense rain events or winds above 20 to 25
miles per hour can transport lead-containing wastes off-site by surface
water or air currents. The commenter suggested that requiring daily
cover or special packaging at C&D landfills for the above-mentioned
wastes would mitigate the potential for adverse impact from surface
water or air transport.
Because other features of C&D landfills and LBP waste handling
practices serve to mitigate potential impacts from surface water or air
transport, the Agency does not believe that requirements for daily
cover or special packaging are needed on the federal level. Surface
water transport off-site by sudden intense rain events would constitute
``non-point source'' pollution under the Clean Water Act. To mitigate
potential surface water impacts, C&D landfills must comply with 40 CFR
257.3-3(c), which requires that a facility or practice shall not cause
non-point source pollution that violates legal requirements
implementing an areawide or statewide water quality management plan
approved by EPA under the Clean Water Act.
To further mitigate potential water or air transport, both EPA and
the U.S. Department of Housing and Urban Development (HUD) have issued
guidance for LBP waste management calling for the containment of LBP
wastes in plastic with sealed seams. EPA's ``Reducing Lead Hazards When
Remodeling Your Home'' EPA 747-K-97-001 (http://www.epa.gov/lead/rrpamph.
pdf) and EPA's Model Renovation Training Course EPA 747-B-00-
005/6 (http://www.epa.gov/opptintr/lead/rrmodel.htm) both call for safe
and secure disposal. Safe and secure disposal involves placing the LBP
wastes in plastic (4-6 mil poly) bags that are sealed closed. HUD
modified the EPA training course and developed their own training
program to serve the specific needs of HUD's constituents. The HUD
training course entitled ``Addressing Lead-Based Paint Hazards During
Renovation, Remodeling and Rehabilitation in Federally Owned and
Assisted Housing'' (also referred to as ``The 3R Course'')
(http://www.hud.gov/offices/lead/training/3r/3r_course.cfm) 
was first delivered to remodeling and rehabilitation workers during HUD's
nationwide training initiative in 2001-2002. HUD's training recommends
that safe disposal of LBP wastes be accomplished by means of plastic
bags. Other HUD brochures and documents also recommend that LBP wastes
be placed in plastic bags for safe disposal. These brochures include:
``Lead Paint Can Poison: Is Your Family at Risk?''
(http://www.hud.gov/offices/lead/outreach/parents.pdf).
``Lead Paint Safety--A Field Guide for Painting, Home Maintenance, and
Renovation Work''
(http://www.hud.gov/offices/lead/training/LBPguide.pdf).
``Caution: Lead Paint Handle With Care''
(http://www.hud.gov/offices/lead/outreach/tradesOKAYTOPRINT.pdf).
``Lead Paint Can Poison: Protect Your Family When You Repaint or
Remodel''.
(http://www.hud.gov/offices/lead/outreach/remodel.pdf)
HUD also operates the Lead-Based Paint Hazard Control Grant Program
that has as its primary purpose to reduce the exposure of young
children to lead-based paint hazards in their homes. The program
provides grants to State and local governments for control of lead-
based paint hazards in privately owned, low income owner-occupied and
rental housing. These grants are designed to stimulate the development
of a trained and certified hazard evaluation and control industry.
Evaluation and hazard control work under the program must be conducted
by either contractors who are certified and workers who are trained
through a State-accredited program or by contractors trained in lead-
safe work practices in the case of interim controls.
Moreover, as of March 1, 2000, lead service providers within the
United States must be certified (or licensed) under an EPA authorized
lead program. Most of the States have developed and are administering
such a program and EPA certifies lead service providers in states that
do not have their own programs. As of January 2003, 38 States had EPA-
approved state lead programs that actively certify (license) lead
service providers.
EPA has also discussed this issue with the National Association of
Demolition Contractors (NADC). NADC re-confirmed EPA's understanding
that paint chips and dust are managed in plastic bags. NADC stated that
lead-based dust is removed with vacuums with HEPA filters and that the
vacuum bags are removed and then tied closed prior to disposal. Paint
chips that may fall on a plastic sheet are collected in the plastic
sheet which is then placed in a tied plastic bag.
As stated above, the EPA believes that sufficient guidance,
literature, training programs, EPA-approved state lead programs, and
current practices exist so that whether the LBP waste is in the form of
chips, dust, or sludge it will be managed appropriately (i.e.,
containment in plastic bags on site prior to transport to disposal). At
the disposal facility, the containment plastic serves to mitigate
against potential impacts of water or wind transport.
Additionally, where water or wind transport are problematic, States
have demonstrated their ability, even in the absence of a federal
requirement, to impose additional requirements for weekly, monthly, or
daily cover as necessary to control particulate releases. According to
the 1995 report, ``Construction and Demolition Waste Landfills,'' 14
States require on-site C&D units to provide daily cover, while 19
States require daily cover at off-site C&D units. Based on these C&D
landfill features and LBP waste handling practices, the Agency does not
believe it is necessary to impose on the federal level a requirement
for daily cover at C&D landfills receiving LBP waste.
Two industry association commenters stated that lead-based paint
architectural debris generated from all structures, commercial and
industrial, as well as, residential, can safely be disposed of in C&D
landfills (i.e., Subtitle D facilities). The commenters disagreed with
the Agency's statement in the preamble that demolition and
deconstruction waste was not similar to household waste. The commenters
believe that LBP material handled by the demolition industry in
commercial and industrial structures is no more dangerous to public
health and the environment than when LBP appears in a residential
structure.
The Agency wishes to clarify that today's rule is an outgrowth of
the July 31, 2000 Memorandum stating that waste generated as a result
of LBP activities in homes and other residences falls within the
exclusion for ``household waste'' in 40 CFR 261.4(b)(1). (See 66 FR
53569.) The scope of this rulemaking concerns only residential lead-
based paint wastes and not lead-based paint wastes from commercial and
industrial structures because lead-based paint waste from commercial
and industrial structures does not fall within the exclusion for
``household waste'' in 40 CFR 261.4(b)(1) or the definition of
``household waste'' in 40 CFR 258.2. Thus, residential LBP waste that
would otherwise be hazardous waste subject to the hazardous waste
management requirements of Subtitle C of RCRA can be managed under
Subtitle D of RCRA. The purpose of this rulemaking is to expand
Subtitle D disposal options for this particular household waste, which,
without today's rule could only be disposed of in municipal solid waste
landfills pursuant to 40 CFR part 258.
The July 31, 2000 Memorandum did not affect the regulatory status
of
[[Page 36491]]
nonresidential LBP waste, such as that generated during the abatement
or renovation and remodeling of a commercial building. ``Household
waste'' is defined as ``any material (including garbage, trash and
sanitary waste 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).'' (Emphasis added.)
The Agency recognizes that not all lead-based paint waste, whether
from residential, commercial, or industrial sources, is ``hazardous
waste'' which must be managed under RCRA Subtitle C. Any LBP waste that
is not hazardous waste can be safely disposed of in a Subtitle D
landfill, including a C&D waste landfill.
Several commenters stated that the proposed rule was not
sufficiently clear as to the distinctions between those LBP activities
that generate waste that would qualify as ``residential LBP waste''
(e.g. abatement, rehabilitation, renovation, and remodeling'') and
those that would not fall within the scope of the rule (e.g.,
``demolition and deconstruction''). One of these commenters stated that
the regulated community might believe that there is some deconstruction
or demolition occurring whenever you perform rehabilitation,
renovation, remodeling, and perhaps to some extent abatement. The
commenter suggested that the focus of the final rule be on waste type
and not on waste activity.
The Agency distinguishes demolition and deconstruction activities
from abatement, rehabilitation, renovation, and remodeling on the basis
that demolition and deconstruction result in the elimination of the
residential structure, while the residential structure remains where
the other listed activities are conducted. The proposed definition of
residential lead based paint waste does not include residential
demolition and deconstruction activities. The proposed definition was
limited to LBP waste that would be subject to Subtitle C of RCRA,
except that it is included within the household waste exclusion in 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 the case of LBP wastes,
we have determined that demolition and deconstruction, which result in
the elimination of the household structure, are outside the scope of
the household waste exclusion and therefore are not included in the
definition of ``residential LBP waste.'' Although demolition activities
and renovation activities may produce some of the same types of waste,
the waste type is not a factor for consideration under 40 CFR
261.4(b)(1), and therefore, today's final rule continues to read as
proposed. The Agency wants to make it clear that deconstruction and
demolition wastes can continue to be placed in construction and
demolition waste landfills provided that these types of wastes do not
exhibit the toxicity or any other characteristic (i.e., are not a
hazardous waste).
One commenter was specifically concerned that the proposed
definition of residential lead-based paint waste could create confusion
about the scope of activities that are considered ``lead-based paint
activities'' under the Toxic Substances Control Act (TSCA). The
proposed residential LBP definition states that LBP activities include
abatement, rehabilitation, renovation, and remodeling. Regulations
promulgated under TSCA define ``lead-based paint activities'' to mean
lead inspection, risk assessment, and abatement in the case of target
(most pre-1978) housing (see 40 CFR 745.223). Renovation, remodeling,
and rehabilitation are not considered lead-based paint activities under
Title X. The commenter was concerned that the Agency was trying to
change the scope of the TSCA regulation under the proposed RCRA
regulation. The commenter suggested that the term lead-based paint
activities be deleted and replaced with the phrase ``activities that
disturb lead-based paint.''
The Agency did not intend or propose to change the scope of the
TSCA regulation in the October 2001 proposal. However, to eliminate any
potential confusion, the Agency has decided to change the definition of
residential LBP wastes to eliminate the words ``lead-based paint
activities.'' The definition of residential LBP wastes included in
today's final rule does not use the term ``lead-based paint
activities.'' This definition is as follows: ``Residential lead-based
paint waste means waste containing lead-based paint, which is generated
as a result of activities such as abatement, rehabilitation, renovation
and remodeling in homes and other residences. The term residential
lead-based paint waste includes, but is not limited to, lead-based
paint debris, chips, dust, and sludges.''
Definition of Construction and Demolition Waste Landfill
A trade association commenter objected to the proposed definition
of ``construction and demolition waste landfill'' because the proposed
rule would define a C&D waste landfill as one that does not receive
``industrial wastes,'' as defined in section 258.2. The commenter
objected because the definition as proposed would preclude a C&D
landfill that receives industrial waste in the form of manufacturer's
``off-spec,'' rejected, or damaged construction materials from
accepting residential lead-based paint waste. Thus C&D landfills in
that state would have to choose between residential LBP waste or off
spec., damaged, or rejected construction materials, but not both.
In the proposed definition of construction and demolition waste
landfill, the Agency stated that C&D waste landfills were not eligible
to receive ``industrial solid wastes as defined in 40 CFR 258.2.'' The
definition of ``industrial solid waste'' in section 258.2 covers
``wastes resulting from'' particular manufacturing or industrial
processes. In defining C&D landfills, the Agency was concerned about
C&D waste landfills receiving wastes generated by manufacturing or
industrial processes and, as such, wrote the definition to exclude such
wastes. In practice, industrial process wastes are typically managed
on-site, or in limited cases, sent off-site to private/commercial
industrial waste facilities. Industrial process wastes should not be
received for disposal at a C&D waste landfill. The commenter was
concerned that off-spec construction products (e.g., toilets or
shingles) would not be allowed in a C&D waste landfill because of the
proposed definition. However, the Agency views ``off-spec,'' rejected,
or damaged construction materials as virtually identical in nature to
the type of waste that is appropriately received at a C&D waste
landfill and are not ``industrial solid waste'' as defined at 40 CFR
258.2. Because the definition of industrial solid waste does not
explicitly include materials that do not meet manufactures'
specifications, are damaged or rejected for use, EPA believes that
industrial waste in the form of manufacturer's ``off-spec,'' rejected,
or damaged construction materials can be appropriately placed in a C&D
landfill. In addition, the Agency expects that States would exercise
judgment in what is considered industrial wastes. Thus, EPA believes
that the definition in today's final rule accommodates disposal of
unused construction materials that do not meet
[[Page 36492]]
manufacturers' specifications, are damaged or rejected for use.
Another commenter stated that the definition of C&D landfill as
proposed could be interpreted to mean that conditionally exempt small
quantity generator waste could be accepted in a 40 CFR part 257 Subpart
A facility. The commenter suggested a wording change to eliminate this
possible misinterpretation.
EPA does not intend that a C&D landfill be allowed to receive
conditionally exempt small quantity generator wastes if the C&D
landfill meets the requirements of 40 CFR part 257 Subpart A, but does
not meet the requirements of part 257, subpart B. Therefore, the Agency
has changed the definition of C&D waste landfill to eliminate any
potential confusion. The definition has been changed to clarify that
conditionally exempt small quantity generator wastes can only be
disposed of in a C&D landfill that meets the requirements of 40 CFR
part 257, Subpart B.
Effect on State Programs
The state association commenter indicated that it is important that
EPA be explicit that states are not required to amend their programs to
incorporate today's rule; however the commenter also suggested language
to assure States that their prior approved programs will not be
reopened regardless of whether they adopt today's rule or not. EPA
agrees with the comment and has revised the language in Section V. of
today's preamble to make this clear.
Lead-Contaminated Soils
Lastly, a commenter stated that EPA had missed a golden opportunity
to allow lead-contaminated soils to be managed similarly and requested
that EPA move expeditiously to craft a rule to allow lead-contaminated
soils to be disposed of in C&D and municipal solid waste landfills. The
commenter claimed that the disposal of lead-contaminated soils in C&D
landfills and municipal solid waste landfills is environmentally safer
than is the disposal of lead-based paint debris. The commenter also
argued that the cost of managing those soils that fail the TCLP under
the RCRA hazardous waste requirements discourages soil lead abatement
from residences. As discussed previously, today's rulemaking is limited
to providing the C&D landfill disposal option for residential lead-
based paint waste addressed in the July 31, 2000 Memorandum. Lead-
contaminated soils were not included in the July 31, 2000 Memorandum,
thus EPA is not addressing disposal of lead-contaminated soils at this
time.
Summary of Final Rule Changes
This final rule will expressly allow residential lead-based paint
waste to be disposed of in construction and demolition waste landfills
by clearly stating that a construction and demolition landfill
accepting residential lead-based paint waste, and no other household
waste, is not a municipal solid waste landfill unit. Today's action
does not prevent a municipal solid waste landfill from continuing to
receive residential lead-based paint waste. Two minor changes were made
to the final regulatory language based on comments received on the
proposal. Today's final rule was modified to remove ``LBP activities''
to one that includes ``activities that disturb LBP.'' The definition of
construction and demolition waste landfill was changed to eliminate any
confusion so that small quantity generator waste can only be disposed
of in a facility that meets the requirements of 40 CFR part 257,
subpart B.
IV. Other Applicable Federal, State, Tribal, and Local Requirements
Today's final rule would not alter the authority of State, local
and Tribal governments to regulate LBP waste more stringently than does
EPA. Generators of residential LBP waste should contact the appropriate
State environmental agencies to determine if there are additional or
more stringent disposal requirements for residential LBP waste. Also,
generators are subject to applicable HUD and/or TSCA regulations when
addressing residential LBP hazards.
V. How Will States and Tribes Implement This Final Rule?
Because today's final rule is less stringent than existing federal
criteria, States are not required to amend their permit programs which
have been determined to be adequate under 40 CFR part 239. States have
the option of amending statutory or regulatory definitions pursuant to
today's final rule. If a state chooses to amend its permit program
pursuant to today's action, the State would be required to notify the
Regional Administrator of the modification as provided by 40 CFR
239.12. Whether a State chooses to incorporate today's rule into its
solid waste program has Statutory and Executive Order Reviews no effect
on its existing status with respect to EPA approval, i.e., State
revisions will not open previously approved solid waste programs for
Federal review.
Today's amendments are directly applicable to landfills in States
without an approved permit program under part 239 and in Indian
Country. We encourage Tribes to adopt today's rule into their programs
to promote lead-based paint abatement activities in homes and other
residences in Indian Country.
VI. How Does This Final Rule Comply With Applicable Statutes and
Executive Orders?
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, EPA must determine whether a
regulatory action is significant and therefore subject to Office of
Management and Budget (OMB) review and the other provisions of the
Executive Order. The Order defines a significant regulatory action as
one that is likely to result in a rule that may: (1) Have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or rights and
obligations or recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in Executive Order 12866.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
EPA has performed a full economic analysis, ``Economic Analysis of
EPA's Final Rule Amending 40 CFR parts 257 and 258,'' which is
available in the docket for today's rule. The Economic Analysis
concludes that this rule will impose no additional costs to parties,
but may result in cost savings and incremental public health benefits.
The rule authorizes the disposal of residential LBP waste in C&D
landfills, where previously, as ``household waste'' under the July 31,
2000 policy memorandum, disposal was authorized only in MSWLFs.
Therefore, EPA believes that, in those parts of the country where costs
associated with transport to and disposal in C&D landfills is less
expensive than costs associated with MSWLF disposal, some
[[Page 36493]]
residential LBP waste will be diverted from MSWLFs to C&D landfills.
Where this occurs, generators will benefit from lower waste management
and disposal costs.
EPA believes that only residential LBP waste generators in the
Midwest, Northeast, and South regions will shift disposal from MSWLFs
to C&D landfills, based on an analysis of the relative costs of MSWLF
and C&D landfill disposal by region. EPA further believes that the
percentage of residential LBP waste that is affected is proportional to
the share of these three regions in the number of housing units with
LBP, which is 84.4 percent. Under these assumptions, an estimated 0.87
million tons of residential LBP waste may be diverted from MSWLFs to
C&D landfills annually. This represents 0.73 percent of the total
volume of all waste disposed of in MSWLFs annually. This shift in
disposal would save residential LBP waste generators in the Midwest,
Northeast, and South regions up to an estimated $16.76 million
annually. The savings accruing to generators of residential LBP
abatement waste is estimated at $0.79 million per year, while the
savings accruing to generators of residential renovation and remodeling
waste is $15.98 million per year.
EPA estimates that of the $0.79 million in savings that could
accrue to generators of residential LBP abatement waste, an estimated
39.7 percent, or $0.31 million, will be generated annually in the
public housing sector. EPA assumes that in the public sector, any
savings in residential LBP waste management and disposal costs will be
used to conduct additional LBP abatements. Given an average cost for
LBP abatement in public housing units of $3,650, the $0.31 million in
annual savings would fund an additional 86 abatements each year. This
ensuing increase in LBP abatement projects would result in a more rapid
reduction in the potential for exposure to the hazards of LBP,
especially for children. These hazards include decreased intelligence
(i.e., lower IQ), behavioral problems, reduced physical stature and
growth, and impaired hearing.
B. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2050-0154. Copies of the ICR
document(s) may be obtained from Susan Auby, by mail at the Office of
Environmental Information, Collection Strategies Division, U.S.
Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, by email at auby.susan@epa.gov, or by calling
(202) 260-2740. A copy may also be downloaded off the Internet at
http://www.epa.gov/icr.
Today's action does not impose any new information collection
burden. The previously approved information collection requirements are
contained in the existing regulations at 40 CFR 257.30. Burden means
the total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information, unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of today's final rule on
small entities, a small entity is defined as: (1) A small business that
is primarily engaged in lead paint removal as described in the North
American Industry Classification System (see http://www.sba.gov/size/
SIC2NAICSmain.html); (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or special
district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule does not impose any new requirements on small entities. In fact,
the rule will provide an additional non-mandatory option for the
disposal of residential LBP waste, which could result in less cost in
managing residential LBP waste.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of regulatory actions on State, local, and Tribal governments,
and the private sector. Under Section 202 of the UMRA, EPA generally
must prepare a written statement, including a cost-benefit analysis,
for proposed and final rules with ``Federal mandates'' that may result
in expenditures to State, local, and tribal governments, in the
aggregate, or to the private sector, of $100 million or more in any one
year. Before promulgating an EPA rule for which a written statement is
needed, Section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of alternatives and adopt the least
costly, most cost effective or least burdensome alternative that
achieves the objective of the rule. The provisions of Section 205 do
not apply when they are inconsistent with applicable law. Moreover,
Section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
Section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
[[Page 36494]]
Today's final rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local, or
tribal governments or the private sector. This final rule does not
impose any enforceable duty on any State, local or tribal governments
or the private sector. Thus, today's final rule is not subject to the
requirements of sections 202 and 205 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
Policies that have federalism implications' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. As explained in Section V. of
this preamble, none of today's proposed revisions are more stringent or
broaden the scope of the existing Federal requirements. Therefore,
States are not required to adopt the revision to the definition of
MSWLF unit nor the additional definitions of construction and
demolition (C&D) landfill and residential lead-based paint waste in
today's rule. Thus, Executive Order 13132 does not apply to this final
rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Today's final rule would expressly provide an additional option for
disposal of certain waste applicable in Indian Country, but would not
create any mandate on Indian tribal governments. Thus, Executive Order
13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Risks and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not an economically significant rule as defined by Executive Order
12866. However, this rule will affect decisions involving the
environmental health or safety risks to children. In fact, it will
benefit children by allowing environmentally protective disposal of
residential lead-based paint waste in C&D landfills, which is less
costly than disposal in MSWLFs in certain areas of the U.S., therefore
reducing the cost of lead abatements. Reducing the cost of LBP
abatements will also reduce the amount of time needed to complete
abatements in public housing. Lower abatement costs may increase the
amount of private homes undergoing abatements. By reducing costs
associated with the disposal of LBP waste, the Agency believes that the
number of abatements may marginally increase, thus resulting in a
reduction of the number of children exposed to LBP.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it will not have a significant adverse effect
on the supply, distribution, or use of energy.
I. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub L. 104-113, Sec. 12(d) (15 U.S.C. 272 note)
directs us to use voluntary consensus standards in our regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (for example, materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when we decide not to
use available and applicable voluntary consensus standards. Today's
final rule does not involve technical standards, voluntary or
otherwise. Therefore, the NTTAA does not apply to today's final rule.
J. Executive Order 12898: Federal Action To Address Justice in Minority
Populations and Low-Income Populations
Under Executive Order 12898, ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations,'' as well as through EPA's April 1995, ``Environmental
Justice Strategy, OSWER Environmental Justice Task Force Action Agenda
Report,'' and the National Environmental Justice Advisory Council, EPA
has undertaken to incorporate environmental justice into its policies
and programs. EPA is committed to addressing environmental justice
concerns, and is assuming a leadership role in environmental justice
initiatives to enhance environmental quality for all residents of the
United States. The Agency's goals are to ensure that no segment of the
population, regardless of race, color, national origin, or income,
bears disproportionately high and adverse human health and
environmental effects as a result of EPA's policies, programs, and
activities.
Today's final rule is not expected to negatively impact any
community, and therefore is not expected to cause any
disproportionately high and adverse impacts to minority or low-income
communities versus non-minority or affluent communities. On the
contrary, since the rule will reduce the cost of performing LBP
abatements in certain regions of the U.S., EPA believes that the
savings will afford public housing authorities, in particular, the
opportunity to conduct additional abatements of LBP hazards in affected
[[Page 36495]]
housing units. Tenants of public housing units are possibly more likely
to be minority and lower-income households, and the rule should have
the effect of providing a differential benefit to such populations.
K. Congressional Review Act
The Congressional review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that, before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.,
804(2). This rule will be effective on June 18, 2003.
List of Subjects
40 CFR Part 257
Environmental protection, Waste treatment and disposal.
40 CFR Part 258
Environmental protection, Reporting and recordkeeping requirements,
Waste treatment and disposal, Water pollution control.
Dated: June 12, 2003.
Christine Todd Whitman,
Administrator.
? For reasons set out in the preamble, title 40, chapter I of the Code of
Federal Regulations is amended as follows:
PART 257--[AMENDED]
? 1. The authority citation for part 257 is revised to read as follows:
Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6944(a), and
6949a(c); 33 U.S.C. 1345(d) and (e).
? 2. Section 257.2 is amended:
? a. By adding in alphabetical order the definitions for ``Construction
and demolition (C&D) landfill'' and ``Residential lead-based paint
waste,'' and
? b. By revising the definition of ``Municipal solid waste landfill
(MSWLF) unit.''
The revision and additions read as follows:
Sec. 257.2 Definitions.
* * * * *
Construction and demolition (C&D) landfill means a solid waste
disposal facility subject to the requirements of subparts A or B of
this part that receives construction and demolition waste and does not
receive hazardous waste (defined in Sec. 261.3 of this chapter) or
industrial solid waste (defined in Sec. 258.2 of this chapter). Only a
C&D landfill that meets the requirements of subpart B of this part may
receive conditionally exempt small quantity generator waste (defined in
Sec. 261.5 of this chapter). A C&D landfill typically receives any one
or more of the following types of solid wastes: roadwork material,
excavated material, demolition waste, construction/renovation waste,
and site clearance waste.
* * * * *
Municipal solid waste landfill (MSWLF) unit means a discrete area
of land or an excavation that receives household waste, and that is not
a land application unit, surface impoundment, injection well, or waste
pile, as those terms are defined in this section. A MSWLF unit also may
receive other types of RCRA Subtitle D wastes, such as commercial solid
waste, nonhazardous sludge, and industrial solid waste. Such a landfill
may be publicly or privately owned. A MSWLF unit may be a new MSWLF
unit, an existing MSWLF unit or a lateral expansion. A construction and
demolition landfill that receives residential lead-based paint waste
and does not receive any other household waste is not a MSWLF unit.
* * * * *
Residential lead-based paint waste means waste containing lead-
based paint, which is generated as a result of activities such as
abatement, rehabilitation, renovation and remodeling in homes and other
residences. The term residential lead-based paint waste includes, but
is not limited to, lead-based paint debris, chips, dust, and sludges.
* * * * *
PART 258--[AMENDED]
? 1. The authority citation for part 258 continues to read as follows:
Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C. 6902(a), 6907,
6912(a), 6944, 6945(c) and 6949a(c).
? 2. Section 258.2 is amended:
? a. By adding in alphabetical order the definitions for ``Construction
and demolition (C&D) landfill'' and ``Residential lead-based paint
waste,'' and
? b. By revising the definition of ``Municipal solid waste landfill
(MSWLF) unit.''
The revision and additions read as follows:
Sec. 258.2 Definitions.
* * * * *
Construction and demolition (C&D) landfill means a solid waste
disposal facility subject to the requirements in part 257, subparts A
or B of this chapter that receives construction and demolition waste
and does not receive hazardous waste (defined in Sec. 261.3 of this
chapter) or industrial solid waste (defined in Sec. 258.2 of this
chapter). Only a C&D landfill that meets the requirements of 40 CFR
part 257, subpart B may receive conditionally exempt small quantity
generator waste (defined in Sec. 261.5 of this chapter). A C&D
landfill typically receives any one or more of the following types of
solid wastes: roadwork material, excavated material, demolition waste,
construction/renovation waste, and site clearance waste.
* * * * *
Municipal solid waste landfill (MSWLF) unit means a discrete area
of land or an excavation that receives household waste, and that is not
a land application unit, surface impoundment, injection well, or waste
pile, as those terms are defined under Sec. 257.2 of this chapter. A
MSWLF unit also may receive other types of RCRA Subtitle D wastes, such
as commercial solid waste, nonhazardous sludge, conditionally exempt
small quantity generator waste and industrial solid waste. Such a
landfill may be publicly or privately owned. A MSWLF unit may be a new
MSWLF unit, an existing MSWLF unit or a lateral expansion. A
construction and demolition landfill that receives residential lead-
based paint waste and does not receive any other household waste is not
a MSWLF unit.
* * * * *
Residential lead-based paint waste means waste containing lead-
based paint, which is generated as a result of activities such as
abatement, rehabilitation, renovation and remodeling in homes and other
residences. The term residential lead-based paint waste includes, but
is not limited to, lead-based paint debris, chips, dust, and sludges.
* * * * *
[FR Doc. 03-15363 Filed 6-17-03; 8:45 am]
BILLING CODE 6560-50-P