1. Regulatory Barriers/Disincentives Workgroup June 29 and 30, 2004 Washington, D.C. Dialogue

2. 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)

3. 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

4. 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.

5. 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

6. 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.

7. 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.

8. 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

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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).

16. 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.