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Regulatory Barriers/Disincentives Workgroup June 29 and 30, 2004 Washington, D.C. Dialogue
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 2 Team Members Scott Cassel/Heidi Sanborn, PSI Facilitators Dave Darling, NPCA Lorraine Segala, Amazon Environmental Tom Hyatt/Jeff Bednar, PA DEP Tom Metzner, CT DEP Andrea Adams, Barnstable County, MA Tab Tesnau, Federal EPA (Resource)
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 3 Survey Process Developed State Paint Regulation Survey Residential, CESQG, VSQG Latex and Oil-based Hardened and liquid Survey via ASTSWMO and PSI list serve 35 respondents
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 4 Workgroup Goals Maintain and add to the existing information on state and national regulatory barriers to collecting and managing oil-based and latex paint. Advise on whether to change regulatory barriers and how. Consider use of Universal Waste Rule for oil- based paint to reduce management barriers.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 5 List of Barriers Latex Paint Allowing drying/landfilling Oil-Based Paint Permitting/management requirements Transportation
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 6 Latex Paint Barrier: Drying/Landfilling of Paint Drying and disposal of latex paint is disincentive to recycling. States have different regulations, policies concerning the drying and disposal of latex paint. Inconsistent regulations, policies for disposal may hinder development of latex for recycling. Delegated to Recycled Paint Marketing Plan workgroup.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 7 Oil-Based Paint Barriers: Permitting Requirements State permits often required to collect paint. State regulations/permit requirements may differ among states, which could be disincentive for establishing collection points. For Example: Some states do not allow bulking of oil-based paint. Permit may be expensive or too onerous to obtain. Onerous requirements may discourage the establishment of collections points.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 8 Oil-Based Paint Barriers: Transportation Requirements U.S. Department of Transportation requirements apply for transporting oil- based paint. Managing and transporting as a hazardous waste can be disincentive to collection. Example: manifest required for oil-based paint
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 9 Solution: Expand Universal Waste Rule for Oil-Based Paint URule applies to wastes that are fully- regulated RCRA hazardous waste. May apply to used oil-based paint generated by businesses. Unlikely that household-generated oil-based paint could be a URule waste unless mixed/commingled with other regulated hazardous waste, such as from an SQG.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 10 Universal Waste Rule Universal Waste Rule Authority from 1995 Federal Rule (regulations at Title 40, CFR, Part 273) that amended RCRA. Streamlined collection and management requirements. Handling requirements are less stringent than for hazardous waste, but not are more stringent than solid waste handling. States can add a haz waste to state URule or the feds can add to its URule and states can adopt.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 11 Universal Waste Rule Universal Waste Rule Must prepare a petition to add hazardous paint category to federal universal waste rule. Petition must demonstrate the rationale for managing oil-based paint as a Universal Waste according to factors described in the Federal Rule. Current Federal Universal Wastes: batteries, pesticides, mercury-containing equipment (thermostats), fluorescent bulbs.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 12 Universal Waste Rule – PROs Less stringent management requirements than hazardous waste regs, but retains some management over wastes. URule was designed to be expanded to include additional wastes. URule allows for management standards to be tailored to a waste, within certain parameters set by 40 CFR 273.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 13 Universal Waste Rule – Cons Differences between states and regions in how Universal Wastes are managed. States can (and are encouraged to) develop and run their own U-Rules. States could create inconsistent standards, except for batteries, because of the superceding Federal Battery Act.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 14 Universal Waste Rule – Cons States have to change a waste to hazardous in their state in order to include it as universal waste if it was not already considered hazardous. States may adopt the entire URule as set out in 40 CFR 273 or just certain provisions. Length of time for state to adopt URule.
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 15 Solution: Federal Guidance Letter for Oil-Based Paint Request federal guidance letter saying that paint being consolidated for re-blending is not a solid waste, therefore not a Hazardous Waste. May need to exclude paint from HW generators (non-household, non CESQG).
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PSI Paint Stewardship Project June 29-30, 2004 D.C. Meeting 16 Proposed Next Step Expand the federal Universal Waste Rule to include oil-based paint. Develop model state Universal Waste Rule to include oil-based paint. Ask for federal guidance letter that paint consolidation is not considered hazardous.
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