Regulatory Barriers/Disincentives to Managing Leftover Paint Rebecca Smith, U.S. EPA Region 9 Lorraine Segala, Amazon Environmental April 15th and 16th, 2004 Sacramento, CA Dialogue

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Team Members Scott Cassel, PSI – Facilitator Lorraine Segala, Amazon Environmental Dave Darling, National Paint and Coatings Association Tom Hyatt, PA Department of Environmental Protection Tom Metzner, CT Department of Environmental Protection Andrea Adams, Barnstable County, MA Rebecca Smith, U.S. EPA Region 9

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Workgroup Goals Determine the magnitude of the impact, if any, that current federal and state regulatory barriers have on the collection and management of leftover latex and oil-based paint, including the drying out of latex paint for disposal. Recommend changes to current federal and state regulations to reduce barriers and lower management costs (pilot projects and/or wider agreements), while ensuring collections are protective of human health and the environment. Also recommend programmatic approaches that can facilitate the collection and management of leftover paint.

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Survey Process Developed State Paint Regulation Survey Residential, CESQG, VSQG Latex and Oil-based Hardened and liquid Survey via ASTSWMO and PSI list serve 34 respondents

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Respondent States Shown in Green

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Regulations of Latex (Water-Based) Paints

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Regulations of Flammable (Oil-Based) Paints Can CESQG/VSQG use HHW Collections: 19 of 35

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Are State Permit Requirements a Barrier to Recycling Left-over Paint? 10 of 30 states indicated that they have permit requirements more stringent than the Federal rules for recycling oil- based and latex paint.

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, For Oil-based Paint We have not identified any area where state permit requirements are a significant barrier to recycling. Universal waste may facilitate aggregation and transportation. Further exploration of universal waste options may be required.

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, For Latex Paint We need more information from states about these permit requirements. Are these requirements permit fees? Are these requirements safeguards? Are any state’s permit requirements a barrier to you in recycling latex paint?

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, For Latex Paint Do local fire or building codes (regulating the storage of hazardous materials) limit how you manage latex paint? Would these codes limit retail take-back programs at stores that sell paint?

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Universal Waste Options Texas and New Jersey regulate left-over paint as universal waste. Are there other states which use the Universal Waste rule to regulate left- over paint? We need to get more information on the success of these programs.

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-16, Potential Next Steps Query TX and NJ about their Universal Waste programs for left-over paint. Query states with strict permit requirements for recycling latex paint. Report back at the next meeting States Their permit requirements Effect on recycling latex paint (if known)