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.
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BACKGROUND
EPA is currently operation 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 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
  
  Address written requests 
to: RCRA-Docket@epa.gov or RCRA Information Center (5305W),  
1200 Pennsylvania Avenue, NW, Washington, DC 20460.