United States Solid Waste and EPA530-F-99-037
Environmental Protection Agency Emergency Response July 1999
(5305W) http://www.epa.gov
Office of Sol id Waste
c/EPA Environmental
Hazardous Waste Listing Determination
for Two Dye and Pigment Wastes
The U.S. Environmental Protection Agency is proposing to list two dye and
pigment wastes as hazardous wastes, and not to list one other waste. This is the
first time that EPA is proposing concentration-based listings, which stipulate
constituent-specific concentration levels in wastes at which the wastes will be
hazardous. The proposed concentration-based listings would be self-implementing.
Because the dye and pigment industries are known to use batch processes, the
dye and pigment wastes are potentially highly variable wastes. For such wastes, a
concentration-based approach is more cost-effective and prevents the unnecessary
regulation of nonhazardous wastes.
Background:
The organic dye and pigment industries produce dyes and pigments for a number of users
including the automotive, textile, printing, and plastic industries. More than 2,000 individual
dyes are manufactured, generally in multiple small batch quantities. There are fewer pigments
produced than dyes, however, pigment batches are generally larger in size. The total dyes and
pigments production in the U.S. is more than 200,000 tons each year.
This action is proposed under the authority of sections 3001(e)(2) and 3001(b)(l) of the
Hazardous and Solid Waste Amendments (HSWA) of 1984, which direct EPA to make
hazardous waste listing determinations for certain wastes from the dye and pigment industries.
This proposed rule applies to the manufacturers of organic dyes and pigments, and does not
affect producers of only inorganic dyes or pigments. The Agency has already listed as
hazardous seven waste streams from the production of inorganic pigments.
In June of 1991, the Environmental Defense Fund (EDF) and EPA entered into a proposed
consent decree (EDF v. Browner, Civ. No. 89-0598 (D.D.C.) in which the Agency agreed to
examine three classes of dyes and pigments for regulation: azo/benzidine, anthraquinone, and
triarylmethane. On December 22, 1994, EPA published a notice that proposed listing decisions
for 11 of the wastes covered in the consent decree. EPA deferred action on three dye and
pigment wastes: spent filter aids, triarylmethane (TAM) sludges, and anthraquinone sludges. The
Agency deferred action on these three wastes because of insufficient characterization data, or lack
of health-based levels for specific constituents of concern.
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Action:
EPA is proposing concentration-based listings for two deferred dye and pigment wastes described
below. Both wastes will be hazardous wastes, unless the wastes do not contain any of the
constituents of concern at or above the regulatory levels of concern. Generators must follow
implementation procedures described in the proposed FR notice if they want to determine these
wastes to be nonhazardous.
• K167-- Spent filter aids, diatomaceous earth, or adsorbents used in the production of azo,
anthraquinone, or triarylmethane dyes, pigments, or FD&C colorants.
• K168-- Wastewater treatment sludge from the production of triarylmethane dyes and
pigments (excluding triarylmethane pigments using aniline as a feedstock).
The listing determinations are based on risk assessment results that show certain concentration
levels of constituents contained in these wastes may pose potential hazards to human health when
these wastes are disposed of in landfills.
EPA is proposing not to list one deferred dye and pigment waste:
• Wastewater treatment sludge from the production of anthraquinone dyes and pigments.
EPA is also proposing that the regulation of landfill leachate and landfill gas condensate derived
from the two newly-listed dye and pigment wastes be deferred if the wastes were disposed prior
to the listing date.
For More Information:
The Federal Register Notice and this fact sheet are available in electronic format on the Internet.
The notice is available at . This fact sheet and other documents related
to this rule are available at . For
additional information or to order paper copies of any documents, call the RCRA Hotline.
Callers within the Washington Metropolitan area must dial 703-412-9810 or TDD 703-412-3323
(hearing impaired). Long distance callers may call 1-800-424-9346 or TDD 1-800-553-7672.
The RCRA Hotline operates weekdays, 9:00am to 6:00pm. Write the RCRA Information Center
(5305W) US EPA, 401 M Street, SW, Washington, DC 20460. Address e-mail to .
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