Regulatory Barriers/Disincentives to Managing Leftover Paint

Rebecca Smith, U.S. EPA Region 9Lorraine Segala, Amazon

Environmental

April 15th and 16th, 2004

Sacramento, CA Dialogue

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-

16, 20042

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, 20043

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, 20044

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, 20045

Respondent States Shown in Green

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-

16, 20046

Regulations of Latex (Water-Based) Paints

Households CESQG NRG

Prohibit Disposal of Liquid in Trash 13 of 35 18 of 35 16 of 35Prohibit Disposal of Solidified in Trash 2 of 35 5 of 35 5 of 35

Prohibit Disposal of Liquid in Trash by HHW Program 13 of 35 17 of 35 16 of 34Prohibit Disposal of Solidified in Trash by HHW Program 1 of 35 7 of 35 2 of 35

Permits of Some Sort Required for:Bulking 9 of 35 6 of 33 7 of 34Collection 9 of 35 9 of 34 9 of 34Transportation 6 of 35 6 of 34 6 of 35

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-

16, 20047

Regulations of Flammable (Oil-Based) Paints

Households CESQG NRG

Prohibit Disposal of Liquid in Trash 12 of 35 20 of 35 20 of 34Prohibit Disposal of Solidified in Trash 4 of 35 9 of 35 11 of 34

Prohibit Disposal of Liquid in Trash by HHW Program 14 of 35 20 of 35 20 of 34Prohibit Disposal of Solidified in Trash by HHW Program 10 of 35 10 of 35 11 of 35

Permits of Some Sort Required for:Bulking 13 of 34 14 of 33 6 of 21*Collection 13 of 34 16 of 34 7 of 20*Transportation 9 of 34 10 of 34 6 of 20*Recycling 10 of 35 11 of 35 5 of 20** low response because question was left off off some surveys

Can CESQG/VSQG use HHW Collections: 19 of 35

PSI Paint Product Stewardship Dialogue Sacramento CA April 15-

16, 20048

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, 20049

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, 200410

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, 200411

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, 200412

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, 200413

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)