United States
Environmental Protection
February 2005
         from the Production
       By listing certain waste from the dyes and pigments industry as hazardous, the
   Environmental Protection Agency (EPA) is improving ground-water protection and
   safeguarding human health. To balance environmental protection with regulatory
   flexibility, the Agency is using a risk-based approach that focuses on total quantities
   of key chemicals in a waste in each calendar year.

       Waste from the production of certain dyes, pigments, and food, drug, and cosmetic
   colorants (FD&C) are being listed as EPA hazardous waste K181. While listed hazardous
   waste must be strictly managed under Subtitle C of the Resources Conservation and
   Recovery Act(RCRA), EPAisusing a flexible regulatory approach that focuses on total
   quantities of chemical constituents of concern in a waste that present the greatest risk. The
   Kl 81 listing focuses on seven hazardous constituents: aniline, o-anisidine, 4-chloroaniline,
   p-cresidine, 1,2-phenylenediamine, l,3-phenylenediamine,and2,4-dimethylaniline. These
   constitutents serve as the basi s for classifying the waste as hazardous.
       Waste that contains less than the specified threshold levels of constituents of concern
   are not hazardous (e.g., aniline levels below 9,300 kg/yr). Moreover, regulatory exemp-
   tions are provided for waste either sent for disposal in landfills that meet specific design
   standards or treated in an approved combustion unit. Waste that does not qualify for these
   exemptions and that meets or exceeds the specified thresholds for any of the specific
   constituents of concern must be managed as listed hazardous waste Kl 81.
       The waste results from the preparation and processing of dyes and/or pigments that
   occur on site at manufacturing facilities. Examples of wastes covered by the listing include
   wastewater treatment sludges, equipment cleaning sludges, filter cakes, dust collector fines,
   and still bottoms. Waste that i s not generated at a dye or pigment manufacturing site, such
   as waste from the offsite use, formulation, and packaging of dyes or pigments is not regu-
       This listing potentially affects waste from the production of azo, triarylmethane, and
   anthraquinone dye and pigment product classes. These dye and pigment classes are com-
   monly used for coloring textiles, paper, plastics, leather, inks, paints/coatings, food, drugs,
   and cosmetics. As many as 36 facilities nationwide generate and manage organic dye or

pigment production waste that may be potentially affected by this regulation. EPA estimates
these facilities annually generate about 3 6,000 metric tons of potentially affected waste. This
regulation is effective 180 days following publication in theFederal Register.
   This rule also establishes treatment standards for disposal of these wastes and
designates them hazardous substances under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA or Superfund).

   RCRA, as amended in 1984, required EPA to make hazardous waste listing determina-
tions for several specified categories of wastes that included dye and pigment waste. In
1989, the Environmental Defense Fund (now called Environmental Defense) filed a lawsuit
against EPA to enforce EPA's legal deadlines for listing hazardous waste. To resolve most
of the i ssues in the case, Environmental Defense and EPA entered into a consent decree,
which has been amended several times to revise deadlines for final EPA action.
   The Agency proposed listings for dye and pigment production waste in 1994 and 1999,
but was unable to take final action because of restrictions on the use of proprietary business
information involved in the regulation. Sub sequently, EPA developed and proposed a new
approach-which is used in this regulation-that does not depend on the data in the previous
proposals (68 FR66164). This regulation satisfies EP A's obligation under the ED consent
decree to promulgate final listing determinations for the specified waste from the production
of organic dyes and pigments.

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