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Lead Paint Rule

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Final Rule - June 18, 2003
Proposed Rule - December 28, 2001
Direct Final Rule and Proposed Rule - October 23, 2001

Criteria for Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal Solid Waste Landfills: Disposal of Residential Lead-Based Paint Waste; Final Rule

Summary of Rule

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 the 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 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.

Federal Register - June 18, 2003
Fact Sheet: Rules Changed To Help Accelerate Lead-based Paint Removal (PDF) (1 pg, 12K)

The support materials for this rule and the public comments EPA received on the proposal are available for public review online, as explained below.

To use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number — EPA-HQ-RCRA-2001-0017 and press the "Submit" button to receive search results.

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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; Proposed Rule

Summary of Rule

Because EPA received an adverse comment, we are withdrawing the direct final rule for Criteria for Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal Solid Waste Landfills: Disposal of Residential Lead-Based Paint Waste. We published the direct final rule on October 23, 2001 (66 FR 53535) to expressly allow residential lead-based paint waste to be disposed of in construction and demolition landfills in addition to municipal solid waste landfill units. We stated in the direct final rule that if we received any adverse comments by November 23, 2001, we would publish a timely notice of withdrawal in the Federal Register. We subsequently received an adverse comment on the direct final rule. We will address those comments in a subsequent final action based on the parallel proposal also published on October 23, 2001 (66 FR 53566).

Federal Register Notice - December 28, 2001 | PDF Version (1 pg, 31K)

The support materials for this rule and the public comments EPA received on the proposal are available for public review online, as explained below.

To use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number — EPA-HQ-RCRA-2001-0017 and press the "Submit" button to receive search results.

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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; Direct Final Rule and Proposed Rule

Summary of Rule

In order 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 taking direct final action to revise the 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. EPA is also adding two new definitions for "construction and demolition (C&D) landfill" and "residential lead-based paint waste." This rule will expressly allow residential lead-based paint waste to be disposed of in construction and demolition 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 unit from continuing to receive residential lead-based paint waste.

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Related Links:

Memorandum: Regulatory Status of Waste Generated by Contractors and Residents from Lead-Based Paint Activities Conducted in Households; Elizabeth A. Cotsworth; Office of Solid Waste (renamed Office of Resource Conservation and Recovery on January 18, 2009), USEPA; July 31, 2000; 5 pp.

Proposed Rule: Lead; Management and Disposal of Lead-Based Paint Debris; US EPA; (63 FR 70190-70233, December 18, 1998)

Proposed Rule: Temporary Suspension of Toxicity Characteristic Rule for Specified Lead-Based Paint Debris, US EPA, (63 FR 70233-70249, December 18, 1998)

Summary of Comments on: Management and Disposal of Lead-Based Paint Debris; Proposed Rule, and Temporary Suspension of Toxicity Characteristic Rule for Specified Lead-Based Paint Debris Proposed Rule (PDF) (86 pp, 347K); Office of Solid Waste (renamed Office of Resource Conservation and Recovery on January 18, 2009), US EPA; September, 1999.

Final Rule: Lead; Identification of Dangerous Levels of Lead (PDF) (36 pp, 357K); US EPA, (66 FR 1206-1240, January 5, 2001).

Update: Blood Lead Levels - United States, 1991-1994. Morbidity and Mortality Weekly Report, Vol.46, No.7, February 21, 1997 (PDF) (6 pp, 119K). CDC, U.S. Department of Health and Human Services.

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