United States           Solid Waste and               EPA530-F-01-005
                Environmental Protection   Emergency Response             February 2001
                Agency               (5305W)                    www.epa.gov/osw
                Office of Solid Waste

&EPA   Environmental

                Fact   Sheet	

                Paint Manufacturing Hazardous Waste
                Listing Determination
                   EPA is proposing to add waste solids and waste liquids generated from five
                wastestreams if they exceed proposed "listing" concentration levels.
  Background
    EPA is currently operating under a consent decree which establishes deadlines for proposing
  and finalizing certain RCRA rules. One of these rules is the Paint Manufacturing Hazardous Waste
  Listing Determination, for which a proposed rule is required. The consent decree specifies that the
  listing determination must cover five waste streams.

  Action
    This notice proposes to add two new waste codes (waste solids K179 and waste liquids K180)
  which would regulate waste liquids and waste solids generated from the paint production process.
  The rule proposes a concentration-based listing approach for the two waste codes. This rule also
  solicits comment about not listing waste liquids.

    A contingent management approach is also proposed for regulating waste liquids. Paint
  manufacturing waste liquids would not be hazardous due to these listings, if they are stored and
  treated exclusively in tanks or containers prior to proper discharge. If the waste liquids contain the
  listed constituents that are higher than the listed concentrations, and they are managed in surface
  impoundments prior to discharge or sent to incineration or fuel blending, they would be listed
  hazardous waste.

    Finally, this action establishes land disposal restrictions for these wastes and proposes to add
  n-Butyl alcohol, Ethyl benzene, Methyl isobutyl ketone, Styrene, and Xylene to Appendix VIII of 40
  CFR Part 261, a list of hazardous constituents.

  IMPACT
    This action could affect those who manufacture paints and industries that process or transport
  paint manufacturing wastes. The annual economic effects of this proposal are estimated to be less
  than $100 million. Furthermore, it is not expected to adversely affect, in a material way, the
  economy,  a sector of the economy, productivity, competition, jobs, the environment, public health or

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safety, or state, local, or tribal governments or communities.  Because this rule uses both a
concentration-based listing and a contingent management approach, regulatory impacts are reduced
from those found in a traditional listing.

For More Information
   This fact sheet and documents related to this study are available on the Internet at
http://www.epa.gov/epaoswer/hazwaste/id/paint. For additional information or to order paper
copies of any documents, call the RCRA/Superfund Hotline at (800) 424-9346 (toll free), TDD 703-
412-3323 (hearing impaired) or (703) 412-9810 in the Washington, D.C. metropolitan area. The
RCRA Call Center operates weekdays (except federal holidays) from 9:00am to 6:00pm. Address
written requests to: RCRA-Docket@epa.gov or RCRA Information Center (5305W), 1200
Pennsylvania Avenue, NW, Washington, DC 20460.

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