United States         Prevention, Pesticides, Solid Waste and  EPA-747-F-98-005
                 Environmental Protection   and Toxic Substances Emergency Response     December 1998
                 Agency            (7404)             (5305W)    www.epa.gov

SEPA   Questions         and

                   Answers
 PROPOSED RULE ON THE MANAGEMENT AND DISPOSAL OF

 LEAD-BASED PAINT DEBRIS

 Q: What is this rule proposing and why is it needed?
 A: To reduce the costs of disposing of lead-based paint (LBP) debris and encourage the safe
    removal and disposal of LBP debris, the Environmental Protection Agency (EPA) is proposing
    new management and disposal standards for LBP debris. These standards are developed
    under the Toxic Substances Control Act (TSCA) and allow LBP debris to be disposed of in
    construction and demolition (C&D) landfills among other options. The  Agency believes that
    disposal in C&D landfills is less costly than disposal in either municipal solid waste landfills or
    hazardous waste landfills. By lowering the costs of abatements, the Agency hopes to hasten
    the pace with which LBP debris and LBP hazards are removed from residences as well as
    public and commercial buildings.

    Several states, advocacy groups, and certain Federal entities requested that EPA develop a
    tailored management and disposal program for LBP debris. Disposing of LBP debris can be very
    costly. EPA estimates that LBP debris tested and managed as hazardous waste can cost up
    to $316 per ton. EPA  believes that the costs of LBP debris disposed as solid waste will be
    significantly less—approximately one-tenth the cost of disposal as hazardous waste.

 Q: Who is affected by this rule?
 A: This rule covers persons and firms  who renovate, remodel,  demolish, abate, or  delead
    residences or public and commercial buildings or transport LBP debris. Examples include
    renovation or abatement contractors and construction and demolition professionals.

 Q: Does the household hazardous waste exclusion apply to me?
 A: If you perform work in your home, you can treat and dispose of LBP debris as solid waste under
    the household hazardous waste exclusion. In other words, you are not subject to current
    Resource Conservation and Reservation Act (RCRA) toxicity characteristic determinations and
    disposal standards nor will you be subject to the proposed TSCA standards.

 Q: What is LBP debris?
 A: LBP debris is any component, fixture, or portion of a residence or other building coated wholly
    or partly with LBP. LBP debris can also be any solid material coated wholly or partly with LBP
    resulting from a demolition. Examples include ceilings, crown molding, walls, chair rails, doors,
    door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair
    treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim,
    including sashes, window heads, jambs, sills, stools and troughs, built-in cabinets, columns,
    beams, bathroom vanities and counter tops, painted roofing, chimneys, flashing, gutters and
    down spouts, soffits, facias, rake boards, corner boards, joists, lattice work, railings and railing
    caps, siding, and hand rails.

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Q: When would I generate LBP debris?
A: LBP debris is generated when solid material or an architectural component coated wholly or in
   part with or adhered to by lead-based paint is displaced and separated from a building during
   renovation, remodeling, abatement, or demolition activities.

Q: Does LBP debris include paint chips and dust, leftover paint or paint thinners, and other
   materials?
A: No. Paint  chips and dust, leftover paint or  paint thinners,  sludges, solvents,  vacuum filter
   materials,  wash water, sandblasting material, contaminated and decontaminated protective
   clothing and  equipment, and other wastes such as lead-contaminated soil are not considered
   LBP debris. They remain subject to RCRA requirements.

   When  properly  decontaminated, some of these wastesCsuch as protective clothing and
   equipmentCdo not exhibit toxicity characteristics for lead. Some of these wastes are generated
   in smaller  amounts and are homogenous. A hazardous waste determination may easily be
   made through the  use of the Toxicity Characteristic Leachate Procedure (TCLP)  or your
   knowledge of that waste. However, you may be able to manage these materials as a solid
   waste,  if:

   $   The quantities of hazardous waste (including non-LBP debris waste from LBP activities) you
       generate are less than 100 kg (i.e., approximately one 55-gallon drum/container) per month.

   $   You qualify as a conditionally exempt small quantity generator (CESQG) of hazardous waste
       (including non-LBP debris waste from LBP activities).

   Lead-contaminated soil is not considered LBP debris nor is it eligible to be disposed of under
   these  proposed rules. RCRA  requirements must  be followed when disposing  of lead-
   contaminated soil.

Q: How is my business affected?
A: Two years after  EPA finalizes these rules, LBP debris from abatement, deleading, renovation
   and remodeling, and demolition of residences and public and commercial buildings would not
   be subject to Federal RCRA hazardous waste management requirements. As a LBP abatement
   contractor or renovation/remodeling or demolition professional, any  LBP debris that you
   generate would be subject to the Federal  TSCA LBP  debris management  and  disposal
   standards  (unless your state is approved to run their own LBP debris disposal program).

   The TSCA standards allow generators of LBP debris to dispose of LBP debris in a C&D landfill
   among other options. Persons generating LBP debris would no longer need to test the LBP
   debris  for  lead.  Once a generator has determined that LBP is present they must follow the
   management requirements discussed below and can dispose of it in a C&D landfill. Disposing
   of LBP debris in  a C&D landfill is less costly than other options and may reduce the cost of LBP
   activities, including elimination of LBP hazards.

Q: Will I have to test my LBP debris prior to disposal?
A: No testing of LBP  debris is  necessary,  but you must comply with the TSCA LBP debris
   management and disposal standards discussed below.

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Q: Where can I dispose of LBP debris once the proposed standards become law?
A: Under the proposed TSCA standards LBP debris may be disposed of in:

   $  A C&D landfill;
   $  A landfill receiving hazardous waste from conditionally exempt small quantity generators
      (CESQG);
   $  A hazardous waste disposal facility;
   $  A hazardous waste disposal facility authorized to manage hazardous waste by a State that
      has an EPA-approved hazardous management program;
   $  A hazardous waste treatment, storage, and disposal facility that has qualified for interim
      status to manage hazardous waste; or
   $  A RCRA hazardous waste incinerator.

   The proposal does not allow LBP debris to be disposed of in a Municipal Solid Waste Landfill
   Facility (MSWLF). EPA believes that more lead will leach from the LBP  debris when disposed
   of with organic materials such as common garbage. EPA is allowing disposal in a C&D landfill
   as EPA has found that lead doesn't leach as  much when exposed to inorganic materials such
   as those found in a C&D landfill.

Q: How do I need to manage LBP debris once I have removed it from  a structure?
A: To prevent the spread of  LBP hazards form  one  place to another, the proposed TSCA
   standards require certain storage and access limitations. They include:

   $  Access Limitations
      After generating LBP debris, you have 72 hours before the LBP debris must be stored.
      There  are  several  options available  for storing LBP  debris in  compliance  with the
      requirements of this  rule.

      1.A closed or  covered receptacle (e.g., containers,  drums,  mobile trailers,  covered
         dumpsters or covered transport vehicles);
      2. A dumpster or container at least 6 feet tall;
      3. A fenced area that is  locked when work activities are not being performed  on the site;
      4. An unoccupied structure that is locked when work activities are not being performed on
         the site;  or
      5. An unoccupied level of a multi-story structure and keeping the level locked when work
         activities are not being performed on the site.

   $  Storage Time Limitation
      You may not store LBP debris for more than 180 days.  In addition, LBP debris must be
      disposed of within 180 days of generation.

   $  Transportation Requirements
      LBP debris that is transported off-site must be  contained in a covered receptacle or a
      covered vehicle.

Q: Does a contractor have to be certified to dispose of LBP debris?
A: Although contractors who perform abatements and/or remove LBP hazards from residences
   must be certified, contractors who dispose of LBP debris in compliance with the  guidelines of
   this rule are "certified by rule" only to manage and dispose of LBP debris. Anyone who

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   generates or disposes of LBP debris not in compliance with this rule will no longer be certified
   to manage and dispose of LBP debris.

Q: Can I salvage or reuse LBP architectural components?
A: It  depends.  LBP components, which  have  deteriorated LBP on them,  must be stripped
   completely of LBP  before being reused. EPA believes that by preventing the  reuse of
   components with deteriorated LBP the Agency is preventing the spread of LBP hazards from
   one place to another. Components, which show no deteriorating paint, may be reused without
   further requirements.

   The reuse of LBP debris as mulch, ground cover, or topsoil or for site leveling, fill or roadbed
   material may cause health risks through ingestion of LBP, dust, or contaminated soil. Such an
   application is prohibited and considered an improper method of disposal undertoday's proposal.
   Shredding, compacting, burying, or chopping LBP debris may also make it difficult to identify the
   presence of LBP, leading to unwitting handling of a potentially hazardous material. Therefore,
   today's proposal permits these applications only if LBP is removed from LBP debris prior to such
   applications. In cases where LBP is removed, all LBP must be removed (i.e., the level of lead
   on the substrate must be below 1 milligram per square centimeter) prior to applying it to the
   ground.

Q: What are the notification and recordkeeping requirements?
A: If you are transferring LBP debris to another party for any reason you  must notify the recipient
   of the LBP debris in writing of the presence of LBP  debris and the need to comply with LBP
   debris management and disposal standards. The written notification should:

   $   Disclose the presence of LBP debris,
   $   Indicate the date when the LBP debris was generated,
   $   Be signed and dated by the recipient,
   $   Be signed and dated by the transferor,
   $   Contain the generator's name and address, and
   $   Notify  the recipient of the need to comply with  LBP debris  management and disposal
       standards.

   Notification is required in order to ensure proper disposal of LBP debris  and protect those
   transferring LBP debris from future liability in cases where the recipient improperly  disposed of
   LBP debris. Notification also protects those who receive LBP debris by alerting them to the
   presence of LBP debris and notifying them of their requirements for management and disposal.

   The proposed rule  contains a sample form for notification,  but any type of written format is
   acceptable as long  as it contains the elements outlined above.

   Once both the recipient and the transferor have completed the written  notification, both parties
   must keep a copy of the form for at least 3 years from the date it was signed.

Q: Will I have to test other LBP waste that is not debris?
A: Maybe. A hazardous waste determination  for non-LBP debris waste can be made by using the
   TCLP or a generator's knowledge from previous experience with similar debris or test data.
   Based on  the your knowledge  of waste generation and type of activity resulting in the waste,
   you may be able to support your finding that non-LBP debris waste is not a hazardous waste.

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   Your rationale, however, may be questioned in the event that your activities are audited by State
   or Federal enforcement authorities.

Q: How is LBP debris being managed and disposed of now?
A: Currently, RCRA regulates the management and disposal of solid waste, including LBP debris.
   RCRA requires that generators of LBP debris test the debris for toxicity characteristics using the
   TCLP or use their knowledge from previous testing experiences to determine whether each
   sample of LBP debris should be treated as hazardous waste. If the LBP debris tests higher than
   the regulatory limit for lead  (5mg/L) in leachate than the  LBP debris must be disposed of in a
   hazardous waste (or Subtitle C) landfill or treated to meet the  RCRA land disposal restrictions.
   LBP debris that has been treated to meet land disposal restrictions may be disposed of as solid
   waste. If the LBP debris tests under the regulatory limit for lead or the generator uses his or her
   knowledge that the debris will not exceed the regulatory limit for lead, than the LBP debris can
   be disposed of as regular solid waste in a MSWLF or non-hazardous solid waste  landfills (e.g.
   C&D landfills).

Q: Why are the LBP management and disposal standards being switched from RCRA to
   TSCA?
A: Due to sample collection and preparation problems,  the  RCRA standard for determining a
   hazardous waste, the TCLP test, is very difficult to reproduce on the same pile of LBP debris.
   The results of one test  might show the pile of LBP debris exceeds the regulatory limit for lead
   while another test on the same pile of debris might determine the LBP debris pile to be under
   the regulatory limit for  lead. If LBP debris  is determined to be hazardous, it is very costly to
   manage and dispose of. If the LBP debris is not determined to be hazardous, then there are no
   clear management and disposal requirements for it leading to an increased potential for risks.

State and Tribal Programs

Q: How do the Federal TSCA LBP debris management  and disposal standards  affect my
   state's regulations?
A: States can be authorized to run their own LBP debris  disposal program. State regulations
   governing  LBP debris management and disposal may be more stringent than or differ from the
   provisions outlined in this document. Please check with your state representative to learn more
   about your state programs and requirements.

CERCLA Liability

Q: Would I remain subject to CERCLA liability?
A: Yes. The two proposed rules will not alter CERCLA liability provisions.
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