x>EPA
United States
Environmental Protection
Agency
November 2003
EPA530-F-03-057
www.epa.gov/osw
EPA Proposes Hazardous Waste
Listing Determination for Dyes
and Pigments Production
Wastes
The Environmental Protection Agency (EPA) is proposing to list nonwastewaters from
the production of certain dyes, pigments and FD&C colorants as hazardous waste under the
Resource Conservation and Recovery Act (RCRA).
Action
EPA is proposing to list nonwastewaters from the dyes and pigments industries based
on a risk assessment that identified eight specific constituents of concern in these wastes.
EPA is proposing for the first time to include in the listing only those wastes with constitu-
ents equal to or exceeding specified annual mass loading limits. These wastes would be
hazardous only if they contain any of the constituents of concern at levels that meet or
exceed the proposed regulatory levels. Under the proposed approach, all wastes which
contain constituents of concern up to the regulatory levels are excluded from the listing
and may be managed as nonhazardous. In addition, EPA is proposing an alternative
loading level for one constituent. EPA i s proposing to exclude from the listing wastes
which do not meet or exceed this alternative level so long as they are disposed of in a
Subtitle D landfill cell subj ectto the design criteriain §258.40 or a Subtitle C landfill cell
subject to either §264.301 or §265.301.
This proposal would also add five of the eight constituents of concern associated
with these wastes to the list of constituents that serves as the basis for classifying wastes
as hazardous (40 CFR 261, Appendix VTII). In addition, this proposal would establish
treatment standards for disposal of these wastes.
EPAis requesting comment for 90 days following publication of this proposal in the
Federal Register.
Background
The 1984 Hazardous and Solid Waste Amendments (HSWA) to RCRA require
EPA to make hazardous waste listing determinations for several specified categories of
wastes, including "dye and pigment wastes." In 1989, Environmental Defense (ED;
formerly the Environmental Defense Fund) filed a lawsuit to enforce the statutory dead-
lines for listing decisions in RCRA Section 3001(e)(2). (EnvironmentalDefense v.
Whitman,D.D.C. Civ No. 89-0598). To resolve most of the issues in the case, ED and
EPA entered into a consent decree, which has been amended several times to revise
deadlines for EPA action.
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We previously proposed listings for the dyes and pigments wastes in 1994 and 1999,
but have been unable to take final action on these prior proposals due to an injunction barring
us from releasing data claimed to be confidential business information that we used to develop
these proposals. We have subsequently developed a new approach to making listing determi-
nations for these wastes that does not depend on the data covered by the injunction.
This proposed rule satisfies EPA's duty under paragraph 1 .g. (as amended) of the
consent decree to propose determinations for dyes and pigments production wastes.
For More Information
The Federal Register Notice is available in electronic format on the internet at
http://www.epa.gov/fedrgstr. This fact sheet and other information related to this rule are
available in electronic format on the Internet at http://www.epa.gov/epaoswer/hazwaste/
id/dyes/index.htm. For additional information, or to order paper copies of any docu-
ments, call the RCRA Call Center. Callers within the Washington Metropolitan Area
please dial 703-412-9810 or TDD 703-412-3323 (hearing impaired). Long-distance
callers please call 1-800-424-9346 or TDD 1-800-553-7672. The RCRA Call Center
operates weekdays, 9:00 a.m. to 5:00 p.m. Address written requests to: RCRA-
Docket@epa.gov or RCRA Information Center (5305T), 1200 Pennsylvania Avenue,
NW, Washington, DC 20460-0001.
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