United States
Environmental Protection
Agency (7404)
Prevention, Pesticides,
and Toxic Substances
(5305W)
Solid Waste and EPA-747-F-98-006
Emergency Response December 1998
www.epa.gov
FACT SHEET
GENERATORS' AND TRANSPORTERS' RESPONSIBILITIES FOR
MANAGEMENT AND DISPOSAL OF LEAD-BASED PAINT DEBRIS
What Is This Rule Proposing?
The Environmental Protection Agency (EPA) is
proposing to suspend current requirements for
disposal of lead-based paint (LBP) debris and
allow disposal of LBP debris in construction and
demolition (C&D) landfills. EPA analysis found
disposal in C&D landfills to be safe (i.e.,
protective of human health and the environment)
and less costly than disposal in other types of
landfills.
Under the proposed Toxic Substances Control
Act (TSCA) rule, generators would no longer
need to test LBP debris for lead. Instead, a
generator may dispose of the LBP debris in a
C&D landfill or in one of the landfill options
listed below.
What Is LBP Debris?
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, shelves, and
radiators and other heating units.
Who Is Affected By This Rule?
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.
What Are My Options For Disposal
Of LBP Debris?
Under the proposed TSCA standards, LBP debris
may be disposed of in:
• A C&D landfill;
• A landfill receiving 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 Resource Conservation and Reservation
Act (RCRA) hazardous waste incinerator.
The proposal will not allow LBP debris to be
disposed of in a municipal solid waste landfill
facility (MSWLF) although the proposal asks for
comment on this. EPA believes that organic
materials found in MSWLF's—such as common
garbage—facilitate leaching of lead. On the other
hand, EPA has found that lead does not leach as
much when exposed to materials such as those
found in a C&D landfill.
What Management Requirements
Do I Have To Follow?
The following describes the proposed
management requirements to reduce LBP
exposures when disposing of LBP debris:
• Concentrated Wastes. Generators disposing
of concentrated LBP wastes—such as sludges
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and paint chips—must comply with existing
Federal RCRA hazardous waste regulations as
they are not eligible for disposal under the
proposed TSCA standards.
Reuse. LBP debris may not be used as mulch,
roadbed, or fill material.
LBP debris may not be reused if it contains
deteriorated LBP. Once the LBP is removed
from the component, the component is no
longer considered LBP debris and may be
reused.
Access Limitations And Storage
Requirements. LBP debris may not be stored
for more than 180 days after generation. Once
you have generated LBP debris, you have 180
days to dispose of it in a C&D landfill.
After 3 days, LBP debris must be stored in a
place with restricted access such as 6-foot
dumpsters; covered drums or dumpsters;
mobile homes; fenced areas that are locked; or
locked, unoccupied structures.
• Notification. When LBP debris is transferred
from one person to another, the person
transferring the LBP debris must notify the
recipient of the presence of LBP debris, the
date it was generated, and the address of the
generator and refer the recipient to the
management and disposal standards for LBP
debris. Both the recipient and the transferor
must sign and date this notification and keep a
copy for 3 years.
• Transportation. Vehicles transporting LBP
debris must be covered.
FOR MORE INFORMATION
For general information on lead-based paint and lead-based paint hazards, call the National Lead Information Center at
1-800-424-LEAD (5323).
The Federal Register notice and this fact sheet are available in electronic format on the Internet through the EPA Public
Access Server. The notice is available at www.epa.gov/fedrgstr. This fact sheet and other documents related to this rule are
available at www.epa.gov/lead. For additional information or to order paper copies of any documents, call the National
Lead Information Center at 1-800-424-LEAD (5323). You may also obtain information by calling 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, 9:00 a.m.
to 6:00 p.m. Write to the RCRA Information Center (5305W), US EPA, 401 M Street, SW, Washington, DC 20460.
Submit written comments, in triplicate, by mail to: TSCA Public Docket Office, (7407), docket number OPPTS-62160, Office
of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW, Rm G099, East Tower, Washington,
DC 20460. The public must send an original and two copies. Each comment must bear the docket control number OPPTS-
62160.
Comments and data may also be submitted electronically to: oppt.ncic@epamail.epa.gov. Electronic comments must be
submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comments and data will also be
accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. All comments and data in electronic form must be identified
by the docket control number OPPTS-62160. Electronic comments on this proposed rule may be filed online at many Federal
Depository Libraries. No confidential business information (CBI) should be submitted through e-mail.
All comments, which contain information claimed as CBI, must be clearly marked as such. Three copies, sanitized of any
comments containing information claimed as CBI, must also be submitted and will be placed in the public record for this
rulemaking. Persons submitting information, any portion of which they believe is entitled to treatment as CBI by EPA, must
assert a business confidentiality claim in accordance with 40 CFR 2.203(b) for each such portion. This claim must be made
at the time that the information is submitted to EPA. If a submitter does not assert a confidentiality claim at the time of
submission, EPA will consider this as a waiver of any confidentiality claim and the information may be made available to the
public by EPA without further notice to the submitter.
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