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EPA/OPPTS RIN: 2070-AC72 Publication ID: Fall 2004 
Title: Lead; Management and Disposal of Lead-Based Paint Debris 
Abstract: Currently, waste derived from lead-based paint (LBP) abatements is managed under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. Other Federal agencies (Department of Housing and Urban Development, Department of Health and Human Services) and several States and advocacy groups expressed concern that the costs associated with the disposal of large volume architectural components (e.g., doors and windows) may interfere with abatement activities. EPA's Office of Prevention, Pesticides and Toxic Substances and the Office of Solid Waste initiated a joint rulemaking to address the disposal of these architectural components. The proposed rule developed disposal standards for these components under the Toxic Substances Control Act (TSCA) title IV, (the definition of abatement under TSCA title IV, section 401(1)(B), includes disposal). The TSCA proposal established appropriate disposal standards for LBP architectural components and identified recycling and incineration activities that would be controlled or prohibited. To minimize duplication of waste management requirements, EPA is developed a companion RCRA rule to suspend temporarily hazardous waste management regulations applicable to lead-based paint debris which will be subject to the new TSCA standards. On July 31, 2000, the Office of Solid Waste clarified that any LBP waste generated from LBP abatements or renovation and remodeling activities in households, including single and multiple residences and hotels, qualifies for the household waste exemption from the RCRA hazardous waste requirements of Subtitle C. The primary purpose of these amendments was to create less expensive disposal options for LBP waste. The proposal also indicated that EPA had no plans to finalize the 1998 proposal as it pertained to the RCRA program. On June 18, 2003, OSW issued its final rule entitled "Criteria for Classification of Solid Waste Disposal Facilities." EPA plans to issue a new proposal that will address remaining issues affecting disposal, reuse, and transportation and containerization of LBP debris. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 745   
Legal Authority: 15 USC 2682    15 USC 2684    42 USC 6901 to 6992   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/18/1998  63 FR 70189   
Comment Extension  02/12/1999  64 FR 7159   
NPRM (OSW)  10/23/2001  66 FR 53566   
Final Action (OSW)  06/18/2003  68 FR 36487   
Final Action  10/00/2005    
New NPRM  06/00/2006    
Additional Information: SAN No. 3508; See also RCRA companion rule: Temporary Suspension of Toxicity Characteristic Rule for Specified Lead-Based Paint Debris (SAN #4263; RIN 2050-AE68)., NPRM-http://www.epa.gov/fedrgstr/EPA-TRI/1998/December/Day-18/tri33326.htm
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.epa.gov/lead  
Sectors Affected: 233 Building, Developing and General Contracting; 23332 Commercial and Institutional Building Construction; 23542 Drywall, Plastering, Acoustical and Insulation Contractors; 23592 Glass and Glazing Contractors; 23521 Painting and Wall Covering Contractors; 23511 Plumbing, Heating and Air-Conditioning Contractors; 23321 Single Family Housing Construction; 562111 Solid Waste Collection; 54138 Testing Laboratories; 23594 Wrecking and Demolition Contractors 
Agency Contact:
Julie Simpson
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T,
Washington, DC 20460
Phone:202 566-1980
Email: Simpson.Julie@epa.gov

Cindy Wheeler
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
1200 Pennsylvania Avenue NW, Mail Code 7404M,
Washington, DC 20460
Phone:202 566-0484
Email: wheeler.cindy@epa.gov