United States          Solid Waste and            EPA-530-F-02-014
              Environmental Protection   Emergency Response            March 2002
              Agency             (5305W)                www.epa.gov/osw

              Office of Solid Waste
x>EPA   Environmental
              Fact  Sheet
              PAINT WASTES NOT LISTED AS
              HAZARDOUS WASTE
              EPA makes a final determination not to add two paint production
              wastes to the list of hazardous waste.

              Action
              EPA proposed concentration-based listings for certain paint waste
              solids (K179) and liquids (K180) on February 13, 2001 (66 FR 10060).
              Following a review of public comments and supplemental analyses
              based on public comments, EPA determined that these paint wastes
              should not be listed as hazardous waste.

              Since the two paint production wastes are not being listed as
              hazardous waste, EPA is also not promulgating Land Disposal
              Restriction treatment standards for these wastes; designating these
              wastes as Comprehensive, Environmental Response, Compensation,
              and Liability Act hazardous substances with reportable quantities; or
              designating any of the constituents in these wastes as new Appendix
              VIII constituents.

              This final determination does  not, in any way, affect the status of these
              wastes under existing hazardous waste listings. Also, these wastes
              remain subject to a determination on whether or not they exhibit any of
              the hazardous waste characteristics (see 40 CFR 261.21 through
              261.24).

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Background
On February 13, 2001, EPA proposed concentration-based listings for
certain paint production waste solids and liquids (66 FR 10060).

The Resource Conservation and Recovery Act (RCRA) requires EPA
to determine if a waste is hazardous. The 1984 Hazardous and Solid
Waste Amendments (HSWA) to RCRA require EPA to make listing
determinations for paint production wastes (see RCRA section 3001
(e)(2)). EPA lists a waste as hazardous when it poses  unacceptable
risks to human health or the environment.

For More Information
The Federal Register notice, this fact sheet, and related documents
are available on the Internet at
http://www.epa.qov/epaoswer/hazwaste/id/paint/index.htm. For
additional information, or to order paper copies of any  documents, call
the RCRA Call Center. If you live within the Washington Metropolitan
Area, call 703-412-9810 or TDD 703-412-3323 (hearing impaired). If
you live out of the area, call 800-424-9346 or TDD 800-553-7672. The
RCRA Call Center operates weekdays,
9 am to 5 pm.

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