36487
Federal
Register
/
Vol.
68,
No.
117
/
Wednesday,
June
18,
2003
/
Rules
and
Regulations
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes.''
This
rule
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

VIII.
Congressional
Review
Act
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
this
final
rule
in
the
Federal
Register.
This
final
rule
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).

List
of
Subjects
in
40
CFR
Part
180
Environmental
protection,
Administrative
practice
and
procedure,
Agricultural
commodities,
Pesticides
and
pests,
Reporting
and
recordkeeping
requirements.

Dated:
June
6,
2003.
Debra
Edwards,
Director,
Registration
Division,
Office
of
Pesticide
Programs.


Therefore,
40
CFR
chapter
I
is
amended
as
follows:

PART
180
 
[
AMENDED]


1.
The
authority
citation
for
part
180
continues
to
read
as
follows:

Authority:
21
U.
S.
C.
321(
q),
346(
a)
and
371.

2.
Section
180.507
is
amended
by
adding
alphabetically
commodities
to
the
table
in
paragraph
(
a)(
1)
to
read
as
follows:

§
180.507
Azoxystrobin;
tolerances
for
residues.
(
a)
*
*
*

Commodity
Parts
per
million
*
*
*
*
*
Artichoke,
globe
....................
4.0
Asparagus
.............................
0.04
*
*
*
*
*
Brassica,
head
and
stem,
subgroup
5A
......................
3.0
*
*
*
*
*
Herb
subgroup
19A,
dried,
except
chive
......................
260
Herb
subgroup
19A,
fresh,
except
chive
......................
50
*
*
*
*
*

*
*
*
*
*
[
FR
Doc.
03
 
15261
Filed
6
 
17
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
257
and
258
[
FRL
 
7514
 
7]

RIN
2050
 
AE86
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices
and
Criteria
for
Municipal
Solid
Waste
Landfills:
Disposal
of
Residential
Lead­
Based
Paint
Waste
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
To
help
accelerate
the
pace
of
lead­
based
paint
removal
from
residences,
and
thereby
reduce
exposure
to
children
and
adults
from
the
health
risks
associated
with
lead,
EPA
is
promulgating
a
change
to
its
definition
of
``
municipal
solid
waste
landfill
unit''
in
both
the
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices
and
the
Criteria
for
Municipal
Solid
Waste
Landfills.
In
addition,
EPA
is
promulgating
two
new
definitions
for
``
construction
and
demolition
(
C&
D)
landfill''
and
``
residential
lead­
based
paint
waste.''
This
final
rule
will
expressly
allow
residential
lead­
based
paint
waste
that
is
exempted
from
the
hazardous
waste
management
requirements
as
household
waste
to
be
disposed
of
in
construction
and
demolition
landfills
by
stating
that
a
construction
and
demolition
landfill
accepting
residential
lead­
based
paint
waste,
and
no
other
household
waste,
is
not
a
municipal
solid
waste
landfill
unit.
Today's
action
would
not
prevent
a
municipal
solid
waste
landfill
unit
from
continuing
to
receive
residential
lead­
based
paint
waste.
DATES:
This
final
rule
will
become
effective
on
June
18,
2003.
The
Agency
finds
good
cause
to
make
this
rule
effective
immediately
because
today's
final
rule
provides
an
additional
disposal
option
for
residential
leadbased
paint
waste.
ADDRESSES:
Copies
of
the
documents
relevant
to
this
action
(
Docket
No.
RCRA
 
2001
 
0017)
are
available
for
public
inspection
during
normal
business
hours
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
federal
holidays,
at
the
RCRA
Information
Center
(
RIC),
located
at
EPA
West,
Room
B
 
102,
1301
Constitution
Ave.,
NW.
Washington,
DC.

FOR
FURTHER
INFORMATION
CONTACT:
For
general
information,
contact
the
RCRA
Hotline
at
(
800)
424
 
9346
or
TDD
(
800)
553
 
7672
(
hearing
impaired).
In
the
Washington,
DC,
metropolitan
area,
call
(
703)
412
 
9810
or
TDD
(
703)
412
 
3323.
For
information
on
specific
aspects
of
this
rule,
contact
Paul
Cassidy,
Municipal
and
Industrial
Solid
Waste
Division,
Office
of
Solid
Waste
(
mail
code
5306W),
U.
S.
Environmental
Protection
Agency
(
EPA,
HQ),
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460;
(
703)
308
 
7281,
cassidy.
paul@
epa.
gov.
The
index
and
some
supporting
materials
are
available
on
the
Internet.
You
can
find
these
materials
at
http://
www.
epa.
gov/
epaoswer/
non­
hw/
muncpl/
landfill/
pbpaint
htm.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Regulated
Entities
Entities
potentially
covered
by
this
regulation
are
public
or
private
individuals
or
groups
that
generate
residential
lead­
based
paint
(
LBP)
waste
as
a
result
of
abatement,
rehabilitation,
renovation
and
remodeling
in
homes,
residences,
and
other
households.
By
``
households,''
we
mean
single
and
multiple
residences,
hotels
and
motels,
bunkhouses,
ranger
stations,
crew
quarters,
campgrounds,
picnic
grounds,
and
day­
use
recreation
areas.
Affected
categories
and
entities
include:

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/
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68,
No.
117
/
Wednesday,
June
18,
2003
/
Rules
and
Regulations
1
EPA
published
a
direct
final
rule
at
66
FR
53535
(
Oct.
23,
2001)
together
with
the
proposed
rule.
EPA
withdrew
the
direct
final
rule
after
receiving
adverse
comments.
66
FR
67108
(
Dec.
28,
2001).
Today's
rule
is
final
action
on
the
proposed
rule.
Category
Examples
of
affected
entities
Individuals
and
firms
who
generate
residential
LBP
wastes.
Contractors
and
do­
it­
yourselfers
who
generate
and
dispose
of
residential
LBP
waste
as
a
result
of
abatement,
rehabilitation,
renovation
and
remodeling
in
homes,
residences,
and
other
households.
Construction
and
demolition
waste
disposal
firms.
Owners
or
operators
of
construction
and
demolition
landfills
that
accept
residential
LBP
waste
for
disposal.

The
table
above
is
not
intended
to
be
exhaustive
but,
rather,
is
intended
to
provide
examples
of
entities
likely
to
be
regulated
by
this
action.
To
determine
whether
your
facility
would
be
impacted
by
this
action,
you
should
carefully
examine
the
applicability
criteria
in
this
rule.
If
you
have
questions
regarding
the
applicability
of
this
action
to
a
particular
facility,
please
contact
Paul
Cassidy,
U.
S.
EPA,
Office
of
Solid
Waste
(
5306W),
1200
Pennsylvania
Ave.
NW.,
Washington,
DC
20460;
telephone
703
 
308
 
7281;
email
cassidy.
paul@
epa.
gov.

B.
How
Can
I
Get
Copies
of
This
Document
and
Other
Related
Information?
1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
RCRA
 
2001
 
0017.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received
and
other
information
related
to
this
action.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
RCRA
Information
Center
(
RIC),
located
at
EPA
West,
Room
B
 
102,
1301
Constitution
Ave.
NW.,
Washington
DC.
The
Docket
Facility
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Public
Reading
Room
is
(
202)
566
 
1744.
In
the
Washington,
DC,
metropolitan
area,
call
202
 
566
 
0270
or
TDD
703
 
412
 
3323
(
hearing
impaired).
To
review
the
docket
materials
in
person,
we
recommend
that
the
public
make
an
appointment
by
calling
202
 
566
 
0270.
The
public
can
copy
a
maximum
of
100
pages
from
the
docket
at
no
charge.
Additional
copies
cost
$
0.15/
page.
If
you
access
the
information
electronically,
you
can
download
or
print
copies
free
of
charge.
2.
Electronic
Access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http.
www.
epa.
gov/
fedrgstr.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
identification
number.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
above
in
Unit
I.
B.

C.
Acronyms
Acronym
Definition
CDC
...........
Centers
of
Disease
Control
and
Prevention.
C&
D
...........
Construction
and
Demolition.
CFR
...........
Code
of
Federal
Regulations.
EA
..............
Economic
Analysis.
EPA
............
Environmental
Protection
Agency
FR
..............
Federal
Register.
HUD
...........
U.
S.
Department
of
Housing
and
Urban
Development.
IQ
...............
Intelligence
Quotient.
LBP
............
Lead­
Based
Paint.
MSWLF
......
Municipal
Solid
Waste
Landfill.
OMB
...........
Office
of
Management
and
Budget.
OPPTS
.......
Office
of
Prevention,
Pesticides
and
Toxic
Substances
OSWER
.....
Office
of
Solid
Waste
and
Emergency
Response.
RCRA
.........
Resource
Conservation
and
Recovery
Act.
RIC
.............
RCRA
Docket
Information
Center
TC
..............
Toxicity
Characteristic.
TCLP
..........
Toxicity
Characteristic
Leaching
Procedure.
TSCA
.........
Toxic
Substances
Control
Act.
USEPA
.......
United
States
Environmental
Protection
Agency.

Outline
I.
Legal
Authority
II.
Summary
of
Proposed
Lead­
Based
Paint
Rule
A.
Proposed
Change
to
the
Definition
of
``
Municipal
Solid
Waste
Landfill
(
MSWLF)
Unit''
B.
Proposed
Definition
of
``
Construction
and
Demolition
(
C&
D)
Landfill''
C.
Proposed
Definition
of
``
Residential
Lead­
Based
Paint
Waste''
D.
Rationale
for
Proposed
Rule
III.
Summary
of
Public
Comments
and
the
Agency's
Responses
to
those
Comments
IV.
Other
Applicable
Federal,
State,
Tribal,
and
Local
Requirements
V.
How
Will
States
and
Tribes
Implement
this
Rule?
VI.
How
Does
this
Rule
Comply
with
Applicable
Statutes
and
Executive
Orders?
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
B.
Paperwork
Reduction
Act
C.
Regulatory
Flexibility
Act
D.
Unfunded
Mandates
Reform
Act
E.
Executive
Order
13132:
Federalism
F.
Executive
Order
13175:
Consultation
and
Coordination
with
Indian
Tribal
Governments
G.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
H.
Executive
Order
13211:
Actions
that
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
I.
National
Technology
Transfer
and
Advancement
Act
of
1995
J.
Executive
Order
12898:
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
K.
Congressional
Review
Act
I.
Legal
Authority
EPA
is
promulgating
this
rule
pursuant
to
section
1008(
a)(
3),
2002(
a),
4004(
a)
and
4010(
c)
of
the
Resource
Conservation
and
Recovery
Act
(
RCRA),
42
U.
S.
C.
Secs.
6907(
a),
6912(
a),
6944(
a),
6949a(
c).
We
are
also
correcting
a
typographical
error
in
the
existing
statement
of
authority
in
part
257
by
amending
the
citation
to
42
U.
S.
C.
6949(
c)
to
read
``
6949a(
c).''

II.
Summary
of
Proposed
Lead­
Based
Paint
Rule
A.
Proposed
Change
to
the
Definition
of
``
Municipal
Solid
Waste
Landfill
(
MSWLF)
Unit''
In
its
October
23,
2001,
proposal
(
see
66
FR
53566
 
53573)
regarding
the
disposal
of
residential
lead­
based
paint
waste,
the
Agency
proposed
to
expressly
allow
construction
and
demolition
landfills
to
receive
residential
leadbased
paint
(
LBP)
waste.
1
This
was
to
be
accomplished
in
part
by
adding
a
sentence
to
the
definition
of
municipal
solid
waste
landfill
(
MSWLF)
unit
in
40
CFR
257.2
and
258.2,
as
follows:
``
A
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18,
2003
/
Rules
and
Regulations
construction
and
demolition
landfill
that
receives
residential
lead­
based
paint
waste
and
does
not
receive
any
other
household
waste
is
not
a
MSWLF
unit.''
The
Agency
explained
in
the
preamble
to
the
proposal
that
the
existing
definition
of
a
MSWLF
unit
includes
language
which
states
that
a
disposal
unit
``
that
receives
household
waste''
is
a
municipal
solid
waste
landfill
unit.
This
language
can
be
construed
to
prohibit
the
disposal
of
any
household
waste
into
a
facility
that
is
not
designed
and
operated
in
conformance
with
40
CFR
part
258
regulations.
As
a
result
the
Agency
proposed
to
amend
the
definition
of
MSWLF
unit,
to
distinguish
residential
lead­
based
paint
waste,
which
has
been
determined
to
be
a
household
waste,
from
other
types
of
household
waste,
for
purposes
of
disposal.
The
definition
as
proposed
is
as
follows:
``
Municipal
solid
waste
landfill
(
MSWLF)
unit
means
a
discrete
area
of
land
or
an
excavation
that
receives
household
waste,
and
that
is
not
a
land
application
unit,
surface
impoundment,
injection
well,
or
waste
pile,
as
those
terms
are
defined
in
this
section.
A
MSWLF
unit
also
may
continue
to
receive
other
types
of
RCRA
Subtitle
D
wastes,
such
as
commercial
solid
waste,
nonhazardous
sludge,
and
industrial
solid
waste.
Such
a
landfill
may
be
publicly
or
privately­
owned.
A
MSWLF
unit
may
be
a
new
MSWLF
unit,
an
existing
MSWLF
unit
or
a
lateral
expansion.
A
construction
and
demolition
landfill
that
receives
residential
lead­
based
paint
waste
and
does
not
receive
any
other
household
waste
is
not
a
MSWLF
unit.''
The
proposed
change
was
designed
to
simply
distinguish
residential
LBP
waste
from
other
household
wastes.
The
proposal
would
not
alter
what
a
MSWLF
could
or
could
not
receive.
MSWLFs
would
be
allowed
to
continue
to
receive
residential
LBP
waste
as
household
waste.
The
proposed
rule
expressly
provided
an
additional
landbased
waste
disposal
option
for
residential
LBP
waste.

B.
Proposed
Definition
of
``
Construction
and
Demolition
Landfill''
The
October
23,
2001
notice
also
proposed
to
add
a
definition
of
a
construction
and
demolition
(
C&
D)
waste
landfill,
which
would
expressly
allow
only
C&
D
landfills,
and
no
other
types
of
land
disposal
units
that
meet
the
criteria
of
40
CFR
part
257,
to
receive
residential
LBP
waste.
The
Agency
proposed
to
define
a
C&
D
landfill
as
follows:
``
Construction
and
demolition
(
C&
D)
landfill
means
a
solid
waste
disposal
facility
subject
to
the
requirements
of
subparts
A
or
B
of
this
part
that
receives
construction
and
demolition
waste
and
does
not
receive
hazardous
waste
(
defined
in
Sec.
261.3
of
this
chapter)
other
than
conditionally
exempt
small
quantity
generator
waste
(
defined
in
Sec.
261.5
of
this
chapter),
or
industrial
solid
waste
(
defined
in
Sec.
258.2
of
this
chapter).
A
C&
D
landfill
typically
receives
any
one
or
more
of
the
following
types
of
solid
wastes:
roadwork
material,
excavated
material,
demolition
waste,
construction/
renovation
waste,
and
site
clearance
waste.''
The
proposed
rule
would
add
this
definition
to
40
CFR
parts
257
and
258.

C.
Proposed
Definition
of
``
Residential
Lead­
Based
Paint
Waste''
Finally,
EPA
proposed
to
define
``
residential
lead­
based
paint
waste''
to
clarify
the
scope
of
the
waste
stream
addressed
by
the
proposed
rule.
The
proposed
definition
of
residential
leadbased
paint
waste
is
as
follows:
``
Residential
lead­
based
paint
waste
means
waste
generated
as
a
result
of
lead­
based
paint
activities
(
including
abatement,
rehabilitation,
renovation
and
remodeling)
in
homes
and
other
residences.
The
term
residential
leadbased
paint
waste
includes,
but
is
not
limited
to,
lead­
based
paint
debris,
chips,
dust,
and
sludges.''
Not
included
in
the
proposed
definition
of
residential
LBP
waste
were
residential
LBP
demolition
and
deconstruction
waste,
and
LBP
waste
from
nonresidential
structures
such
as
public
and
commercial
buildings,
warehouses,
bridges,
water
towers,
and
transmission
towers.
In
proposing
the
definition
of
residential
lead­
based
paint
waste,
the
Agency
included
these
particular
LBP
activities
because
they
were
limited
to
residences
and
would
pose
lead
hazards
to
occupants,
especially
to
children.
We
included
the
particular
waste
types
(
i.
e.,
debris,
chips,
dust,
and
sludges)
because
they
are
typically
generated
during
the
named
LBP
activities.

D.
Rationale
for
Proposed
Rule
In
the
preamble
to
the
proposal,
EPA
explained
the
Agency's
rationale
and
justification
of
the
proposed
changes,
as
well
as
the
analytical
basis
for
the
proposal.
The
proposal
provided
a
specific
discussion
of:
(
1)
The
reasons
that
residential
lead­
based
paint
is
a
concern
to
children;
(
2)
the
Congressional
enactment
of
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992
(
hereinafter
referred
to
as
Title
X
of
the
Housing
and
Community
Development
Act
of
1992,
or
Title
X);
(
3)
the
concerns
of
stakeholders
who
have
seen
the
application
of
RCRA's
hazardous
waste
regulations
as
a
barrier
to
the
costeffective
abatement
of
lead
hazards;
(
4)
the
1988
proposed
rule
under
the
Toxic
Substances
Control
Act
(
TSCA)
which
proposed
new
TSCA
management
and
disposal
standards
for
LBP
debris
generated
by
contractors
from
pre­
1978
homes
and
public
and
commercial
buildings;
(
5)
the
1988
temporary
suspension
of
the
toxicity
characteristic
for
specified
lead­
based
paint
debris
under
RCRA;
and
(
6)
the
July
31,
2000
memorandum
clarifying
the
regulatory
status
under
RCRA
Subtitle
C
of
wastes
generated
as
a
result
of
LBP
activities,
including
abatements,
renovation
and
remodeling,
and
rehabilitations
in
homes
and
other
residences.
In
the
July
31,
2000
memorandum,
the
Agency
interpreted
residential
LBP
waste
as
a
household
waste
excluded
from
the
hazardous
waste
management
requirements
pursuant
to
the
household
waste
exclusion
in
40
CFR
261.4(
b)(
1),
thus
giving
rise
to
the
proposed
amendments
to
parts
257
and
258
to
expand
disposal
options
for
residential
LBP
waste
to
include
C&
D
landfills,
as
well
as
MSWLF
units.

III.
Summary
of
Public
Comments
and
the
Agency's
Response
to
Those
Comments
The
Agency
received
a
total
of
eight
comments
on
the
proposed
residential
LBP
waste
rule:
four
from
construction
and/
or
demolition
trade
associations,
and
one
each
from
a
state,
an
association
of
state
agencies,
an
environmental
organization,
and
an
individual.
In
general,
commenters
supported
the
proposal
to
allow
residential
LBP
waste
to
be
disposed
of
in
C&
D
landfills.
However,
some
commenters
requested
clarifications
of
the
rule
or
preamble
language
or
suggested
additions
to
the
rule
language.

Definition
of
Residential
Lead­
Based
Paint
Waste
The
state
commenter
argued
that
the
proposed
rule
contained
a
significant
flaw
by
including
chips,
dust
and
sludges
in
the
definition
of
``
residential
lead­
based
paint
waste,''
because
EPA
failed
to
take
into
account
the
potential
for
sleet,
surface­
water
or
wind­
borne
movement
of
lead
paint
chips,
dust,
and
sludges
off­
site
from
a
C&
D
landfill.
The
commenter
stated
that
the
placement
of
LBP
dust,
chips
and
sludges
in
an
open
environment
(
i.
e.,
a
landfill
that
does
not
provide
for
daily
cover)
over
an
extended
period
of
time,
e.
g.,
30
days,
may
allow
a
significant
rain
or
wind
event
to
transport
lead­
containing
materials
off­
site.
The
commenter
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Regulations
further
stated
that
sudden
intense
rain
events
or
winds
above
20
to
25
miles
per
hour
can
transport
lead­
containing
wastes
off­
site
by
surface
water
or
air
currents.
The
commenter
suggested
that
requiring
daily
cover
or
special
packaging
at
C&
D
landfills
for
the
above­
mentioned
wastes
would
mitigate
the
potential
for
adverse
impact
from
surface
water
or
air
transport.
Because
other
features
of
C&
D
landfills
and
LBP
waste
handling
practices
serve
to
mitigate
potential
impacts
from
surface
water
or
air
transport,
the
Agency
does
not
believe
that
requirements
for
daily
cover
or
special
packaging
are
needed
on
the
federal
level.
Surface
water
transport
off­
site
by
sudden
intense
rain
events
would
constitute
``
non­
point
source''
pollution
under
the
Clean
Water
Act.
To
mitigate
potential
surface
water
impacts,
C&
D
landfills
must
comply
with
40
CFR
257.3
 
3(
c),
which
requires
that
a
facility
or
practice
shall
not
cause
non­
point
source
pollution
that
violates
legal
requirements
implementing
an
areawide
or
statewide
water
quality
management
plan
approved
by
EPA
under
the
Clean
Water
Act.
To
further
mitigate
potential
water
or
air
transport,
both
EPA
and
the
U.
S.
Department
of
Housing
and
Urban
Development
(
HUD)
have
issued
guidance
for
LBP
waste
management
calling
for
the
containment
of
LBP
wastes
in
plastic
with
sealed
seams.
EPA's
``
Reducing
Lead
Hazards
When
Remodeling
Your
Home''
EPA
747
 
K
 
97
 
001
(
http://
www.
epa.
gov/
lead/
rrpamph.
pdf)
and
EPA's
Model
Renovation
Training
Course
EPA
747
 
B
 
00
 
005/
6
(
http://
www.
epa.
gov/
opptintr/
lead/
rrmodel.
htm)
both
call
for
safe
and
secure
disposal.
Safe
and
secure
disposal
involves
placing
the
LBP
wastes
in
plastic
(
4
 
6
mil
poly)
bags
that
are
sealed
closed.
HUD
modified
the
EPA
training
course
and
developed
their
own
training
program
to
serve
the
specific
needs
of
HUD's
constituents.
The
HUD
training
course
entitled
``
Addressing
Lead­
Based
Paint
Hazards
During
Renovation,
Remodeling
and
Rehabilitation
in
Federally
Owned
and
Assisted
Housing''
(
also
referred
to
as
``
The
3R
Course'')
(
http://
www.
hud.
gov/
offices/
lead/
training/
3r/
3r_
course.
cfm)
was
first
delivered
to
remodeling
and
rehabilitation
workers
during
HUD's
nationwide
training
initiative
in
2001
 
2002.
HUD's
training
recommends
that
safe
disposal
of
LBP
wastes
be
accomplished
by
means
of
plastic
bags.
Other
HUD
brochures
and
documents
also
recommend
that
LBP
wastes
be
placed
in
plastic
bags
for
safe
disposal.
These
brochures
include:
``
Lead
Paint
Can
Poison:
Is
Your
Family
at
Risk?''
(
http://
www.
hud.
gov/
offices/
lead/
outreach/
parents.
pdf).
``
Lead
Paint
Safety
 
A
Field
Guide
for
Painting,
Home
Maintenance,
and
Renovation
Work''
(
http://
www.
hud.
gov/
offices/
lead/
training/
LBPguide.
pdf).
``
Caution:
Lead
Paint
Handle
With
Care''
(
http://
www.
hud.
gov/
offices/
lead/
outreach/
tradesOKAYTOPRINT.
pdf).
``
Lead
Paint
Can
Poison:
Protect
Your
Family
When
You
Repaint
or
Remodel''.
(
http://
www.
hud.
gov/
offices/
lead/
outreach/
remodel.
pdf)
HUD
also
operates
the
Lead­
Based
Paint
Hazard
Control
Grant
Program
that
has
as
its
primary
purpose
to
reduce
the
exposure
of
young
children
to
leadbased
paint
hazards
in
their
homes.
The
program
provides
grants
to
State
and
local
governments
for
control
of
leadbased
paint
hazards
in
privately
owned,
low
income
owner­
occupied
and
rental
housing.
These
grants
are
designed
to
stimulate
the
development
of
a
trained
and
certified
hazard
evaluation
and
control
industry.
Evaluation
and
hazard
control
work
under
the
program
must
be
conducted
by
either
contractors
who
are
certified
and
workers
who
are
trained
through
a
State­
accredited
program
or
by
contractors
trained
in
lead­
safe
work
practices
in
the
case
of
interim
controls.
Moreover,
as
of
March
1,
2000,
lead
service
providers
within
the
United
States
must
be
certified
(
or
licensed)
under
an
EPA
authorized
lead
program.
Most
of
the
States
have
developed
and
are
administering
such
a
program
and
EPA
certifies
lead
service
providers
in
states
that
do
not
have
their
own
programs.
As
of
January
2003,
38
States
had
EPA­
approved
state
lead
programs
that
actively
certify
(
license)
lead
service
providers.
EPA
has
also
discussed
this
issue
with
the
National
Association
of
Demolition
Contractors
(
NADC).
NADC
re­
confirmed
EPA's
understanding
that
paint
chips
and
dust
are
managed
in
plastic
bags.
NADC
stated
that
leadbased
dust
is
removed
with
vacuums
with
HEPA
filters
and
that
the
vacuum
bags
are
removed
and
then
tied
closed
prior
to
disposal.
Paint
chips
that
may
fall
on
a
plastic
sheet
are
collected
in
the
plastic
sheet
which
is
then
placed
in
a
tied
plastic
bag.
As
stated
above,
the
EPA
believes
that
sufficient
guidance,
literature,
training
programs,
EPA­
approved
state
lead
programs,
and
current
practices
exist
so
that
whether
the
LBP
waste
is
in
the
form
of
chips,
dust,
or
sludge
it
will
be
managed
appropriately
(
i.
e.,
containment
in
plastic
bags
on
site
prior
to
transport
to
disposal).
At
the
disposal
facility,
the
containment
plastic
serves
to
mitigate
against
potential
impacts
of
water
or
wind
transport.
Additionally,
where
water
or
wind
transport
are
problematic,
States
have
demonstrated
their
ability,
even
in
the
absence
of
a
federal
requirement,
to
impose
additional
requirements
for
weekly,
monthly,
or
daily
cover
as
necessary
to
control
particulate
releases.
According
to
the
1995
report,
``
Construction
and
Demolition
Waste
Landfills,''
14
States
require
on­
site
C&
D
units
to
provide
daily
cover,
while
19
States
require
daily
cover
at
off­
site
C&
D
units.
Based
on
these
C&
D
landfill
features
and
LBP
waste
handling
practices,
the
Agency
does
not
believe
it
is
necessary
to
impose
on
the
federal
level
a
requirement
for
daily
cover
at
C&
D
landfills
receiving
LBP
waste.
Two
industry
association
commenters
stated
that
lead­
based
paint
architectural
debris
generated
from
all
structures,
commercial
and
industrial,
as
well
as,
residential,
can
safely
be
disposed
of
in
C&
D
landfills
(
i.
e.,
Subtitle
D
facilities).
The
commenters
disagreed
with
the
Agency's
statement
in
the
preamble
that
demolition
and
deconstruction
waste
was
not
similar
to
household
waste.
The
commenters
believe
that
LBP
material
handled
by
the
demolition
industry
in
commercial
and
industrial
structures
is
no
more
dangerous
to
public
health
and
the
environment
than
when
LBP
appears
in
a
residential
structure.
The
Agency
wishes
to
clarify
that
today's
rule
is
an
outgrowth
of
the
July
31,
2000
Memorandum
stating
that
waste
generated
as
a
result
of
LBP
activities
in
homes
and
other
residences
falls
within
the
exclusion
for
``
household
waste''
in
40
CFR
261.4(
b)(
1).
(
See
66
FR
53569.)
The
scope
of
this
rulemaking
concerns
only
residential
lead­
based
paint
wastes
and
not
lead­
based
paint
wastes
from
commercial
and
industrial
structures
because
lead­
based
paint
waste
from
commercial
and
industrial
structures
does
not
fall
within
the
exclusion
for
``
household
waste''
in
40
CFR
261.4(
b)(
1)
or
the
definition
of
``
household
waste''
in
40
CFR
258.2.
Thus,
residential
LBP
waste
that
would
otherwise
be
hazardous
waste
subject
to
the
hazardous
waste
management
requirements
of
Subtitle
C
of
RCRA
can
be
managed
under
Subtitle
D
of
RCRA.
The
purpose
of
this
rulemaking
is
to
expand
Subtitle
D
disposal
options
for
this
particular
household
waste,
which,
without
today's
rule
could
only
be
disposed
of
in
municipal
solid
waste
landfills
pursuant
to
40
CFR
part
258.
The
July
31,
2000
Memorandum
did
not
affect
the
regulatory
status
of
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Rules
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nonresidential
LBP
waste,
such
as
that
generated
during
the
abatement
or
renovation
and
remodeling
of
a
commercial
building.
``
Household
waste''
is
defined
as
``
any
material
(
including
garbage,
trash
and
sanitary
waste
in
septic
tanks)
derived
from
households
(
including
single
and
multiple
residences,
hotels
and
motels,
bunkhouses,
ranger
stations,
crew
quarters,
campgrounds,
picnic
grounds
and
day­
use
recreation
areas).''
(
Emphasis
added.)
The
Agency
recognizes
that
not
all
lead­
based
paint
waste,
whether
from
residential,
commercial,
or
industrial
sources,
is
``
hazardous
waste''
which
must
be
managed
under
RCRA
Subtitle
C.
Any
LBP
waste
that
is
not
hazardous
waste
can
be
safely
disposed
of
in
a
Subtitle
D
landfill,
including
a
C&
D
waste
landfill.
Several
commenters
stated
that
the
proposed
rule
was
not
sufficiently
clear
as
to
the
distinctions
between
those
LBP
activities
that
generate
waste
that
would
qualify
as
``
residential
LBP
waste''
(
e.
g.
abatement,
rehabilitation,
renovation,
and
remodeling'')
and
those
that
would
not
fall
within
the
scope
of
the
rule
(
e.
g.,
``
demolition
and
deconstruction'').
One
of
these
commenters
stated
that
the
regulated
community
might
believe
that
there
is
some
deconstruction
or
demolition
occurring
whenever
you
perform
rehabilitation,
renovation,
remodeling,
and
perhaps
to
some
extent
abatement.
The
commenter
suggested
that
the
focus
of
the
final
rule
be
on
waste
type
and
not
on
waste
activity.
The
Agency
distinguishes
demolition
and
deconstruction
activities
from
abatement,
rehabilitation,
renovation,
and
remodeling
on
the
basis
that
demolition
and
deconstruction
result
in
the
elimination
of
the
residential
structure,
while
the
residential
structure
remains
where
the
other
listed
activities
are
conducted.
The
proposed
definition
of
residential
lead
based
paint
waste
does
not
include
residential
demolition
and
deconstruction
activities.
The
proposed
definition
was
limited
to
LBP
waste
that
would
be
subject
to
Subtitle
C
of
RCRA,
except
that
it
is
included
within
the
household
waste
exclusion
in
40
CFR
261.4(
b)(
1).
The
Agency
has
applied
two
criteria
to
define
the
scope
of
the
exclusion:
(
1)
The
waste
must
be
generated
by
individuals
on
the
premises
of
a
household,
and
(
2)
the
waste
must
be
composed
primarily
of
materials
found
in
the
wastes
generated
by
consumers
in
their
homes
(
49
FR
44978
and
63
FR
70241).
In
the
case
of
LBP
wastes,
we
have
determined
that
demolition
and
deconstruction,
which
result
in
the
elimination
of
the
household
structure,
are
outside
the
scope
of
the
household
waste
exclusion
and
therefore
are
not
included
in
the
definition
of
``
residential
LBP
waste.''
Although
demolition
activities
and
renovation
activities
may
produce
some
of
the
same
types
of
waste,
the
waste
type
is
not
a
factor
for
consideration
under
40
CFR
261.4(
b)(
1),
and
therefore,
today's
final
rule
continues
to
read
as
proposed.
The
Agency
wants
to
make
it
clear
that
deconstruction
and
demolition
wastes
can
continue
to
be
placed
in
construction
and
demolition
waste
landfills
provided
that
these
types
of
wastes
do
not
exhibit
the
toxicity
or
any
other
characteristic
(
i.
e.,
are
not
a
hazardous
waste).
One
commenter
was
specifically
concerned
that
the
proposed
definition
of
residential
lead­
based
paint
waste
could
create
confusion
about
the
scope
of
activities
that
are
considered
``
leadbased
paint
activities''
under
the
Toxic
Substances
Control
Act
(
TSCA).
The
proposed
residential
LBP
definition
states
that
LBP
activities
include
abatement,
rehabilitation,
renovation,
and
remodeling.
Regulations
promulgated
under
TSCA
define
``
leadbased
paint
activities''
to
mean
lead
inspection,
risk
assessment,
and
abatement
in
the
case
of
target
(
most
pre­
1978)
housing
(
see
40
CFR
745.223).
Renovation,
remodeling,
and
rehabilitation
are
not
considered
leadbased
paint
activities
under
Title
X.
The
commenter
was
concerned
that
the
Agency
was
trying
to
change
the
scope
of
the
TSCA
regulation
under
the
proposed
RCRA
regulation.
The
commenter
suggested
that
the
term
leadbased
paint
activities
be
deleted
and
replaced
with
the
phrase
``
activities
that
disturb
lead­
based
paint.''
The
Agency
did
not
intend
or
propose
to
change
the
scope
of
the
TSCA
regulation
in
the
October
2001
proposal.
However,
to
eliminate
any
potential
confusion,
the
Agency
has
decided
to
change
the
definition
of
residential
LBP
wastes
to
eliminate
the
words
``
leadbased
paint
activities.''
The
definition
of
residential
LBP
wastes
included
in
today's
final
rule
does
not
use
the
term
``
lead­
based
paint
activities.''
This
definition
is
as
follows:
``
Residential
lead­
based
paint
waste
means
waste
containing
lead­
based
paint,
which
is
generated
as
a
result
of
activities
such
as
abatement,
rehabilitation,
renovation
and
remodeling
in
homes
and
other
residences.
The
term
residential
leadbased
paint
waste
includes,
but
is
not
limited
to,
lead­
based
paint
debris,
chips,
dust,
and
sludges.''
Definition
of
Construction
and
Demolition
Waste
Landfill
A
trade
association
commenter
objected
to
the
proposed
definition
of
``
construction
and
demolition
waste
landfill''
because
the
proposed
rule
would
define
a
C&
D
waste
landfill
as
one
that
does
not
receive
``
industrial
wastes,''
as
defined
in
section
258.2.
The
commenter
objected
because
the
definition
as
proposed
would
preclude
a
C&
D
landfill
that
receives
industrial
waste
in
the
form
of
manufacturer's
``
off­
spec,''
rejected,
or
damaged
construction
materials
from
accepting
residential
lead­
based
paint
waste.
Thus
C&
D
landfills
in
that
state
would
have
to
choose
between
residential
LBP
waste
or
off
spec.,
damaged,
or
rejected
construction
materials,
but
not
both.
In
the
proposed
definition
of
construction
and
demolition
waste
landfill,
the
Agency
stated
that
C&
D
waste
landfills
were
not
eligible
to
receive
``
industrial
solid
wastes
as
defined
in
40
CFR
258.2.''
The
definition
of
``
industrial
solid
waste''
in
section
258.2
covers
``
wastes
resulting
from''
particular
manufacturing
or
industrial
processes.
In
defining
C&
D
landfills,
the
Agency
was
concerned
about
C&
D
waste
landfills
receiving
wastes
generated
by
manufacturing
or
industrial
processes
and,
as
such,
wrote
the
definition
to
exclude
such
wastes.
In
practice,
industrial
process
wastes
are
typically
managed
on­
site,
or
in
limited
cases,
sent
off­
site
to
private/
commercial
industrial
waste
facilities.
Industrial
process
wastes
should
not
be
received
for
disposal
at
a
C&
D
waste
landfill.
The
commenter
was
concerned
that
off­
spec
construction
products
(
e.
g.,
toilets
or
shingles)
would
not
be
allowed
in
a
C&
D
waste
landfill
because
of
the
proposed
definition.
However,
the
Agency
views
``
off­
spec,''
rejected,
or
damaged
construction
materials
as
virtually
identical
in
nature
to
the
type
of
waste
that
is
appropriately
received
at
a
C&
D
waste
landfill
and
are
not
``
industrial
solid
waste''
as
defined
at
40
CFR
258.2.
Because
the
definition
of
industrial
solid
waste
does
not
explicitly
include
materials
that
do
not
meet
manufactures'
specifications,
are
damaged
or
rejected
for
use,
EPA
believes
that
industrial
waste
in
the
form
of
manufacturer's
``
off­
spec,''
rejected,
or
damaged
construction
materials
can
be
appropriately
placed
in
a
C&
D
landfill.
In
addition,
the
Agency
expects
that
States
would
exercise
judgment
in
what
is
considered
industrial
wastes.
Thus,
EPA
believes
that
the
definition
in
today's
final
rule
accommodates
disposal
of
unused
construction
materials
that
do
not
meet
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manufacturers'
specifications,
are
damaged
or
rejected
for
use.
Another
commenter
stated
that
the
definition
of
C&
D
landfill
as
proposed
could
be
interpreted
to
mean
that
conditionally
exempt
small
quantity
generator
waste
could
be
accepted
in
a
40
CFR
part
257
Subpart
A
facility.
The
commenter
suggested
a
wording
change
to
eliminate
this
possible
misinterpretation.
EPA
does
not
intend
that
a
C&
D
landfill
be
allowed
to
receive
conditionally
exempt
small
quantity
generator
wastes
if
the
C&
D
landfill
meets
the
requirements
of
40
CFR
part
257
Subpart
A,
but
does
not
meet
the
requirements
of
part
257,
subpart
B.
Therefore,
the
Agency
has
changed
the
definition
of
C&
D
waste
landfill
to
eliminate
any
potential
confusion.
The
definition
has
been
changed
to
clarify
that
conditionally
exempt
small
quantity
generator
wastes
can
only
be
disposed
of
in
a
C&
D
landfill
that
meets
the
requirements
of
40
CFR
part
257,
Subpart
B.

Effect
on
State
Programs
The
state
association
commenter
indicated
that
it
is
important
that
EPA
be
explicit
that
states
are
not
required
to
amend
their
programs
to
incorporate
today's
rule;
however
the
commenter
also
suggested
language
to
assure
States
that
their
prior
approved
programs
will
not
be
reopened
regardless
of
whether
they
adopt
today's
rule
or
not.
EPA
agrees
with
the
comment
and
has
revised
the
language
in
Section
V.
of
today's
preamble
to
make
this
clear.

Lead­
Contaminated
Soils
Lastly,
a
commenter
stated
that
EPA
had
missed
a
golden
opportunity
to
allow
lead­
contaminated
soils
to
be
managed
similarly
and
requested
that
EPA
move
expeditiously
to
craft
a
rule
to
allow
lead­
contaminated
soils
to
be
disposed
of
in
C&
D
and
municipal
solid
waste
landfills.
The
commenter
claimed
that
the
disposal
of
lead­
contaminated
soils
in
C&
D
landfills
and
municipal
solid
waste
landfills
is
environmentally
safer
than
is
the
disposal
of
lead­
based
paint
debris.
The
commenter
also
argued
that
the
cost
of
managing
those
soils
that
fail
the
TCLP
under
the
RCRA
hazardous
waste
requirements
discourages
soil
lead
abatement
from
residences.
As
discussed
previously,
today's
rulemaking
is
limited
to
providing
the
C&
D
landfill
disposal
option
for
residential
lead­
based
paint
waste
addressed
in
the
July
31,
2000
Memorandum.
Lead­
contaminated
soils
were
not
included
in
the
July
31,
2000
Memorandum,
thus
EPA
is
not
addressing
disposal
of
leadcontaminated
soils
at
this
time.

Summary
of
Final
Rule
Changes
This
final
rule
will
expressly
allow
residential
lead­
based
paint
waste
to
be
disposed
of
in
construction
and
demolition
waste
landfills
by
clearly
stating
that
a
construction
and
demolition
landfill
accepting
residential
lead­
based
paint
waste,
and
no
other
household
waste,
is
not
a
municipal
solid
waste
landfill
unit.
Today's
action
does
not
prevent
a
municipal
solid
waste
landfill
from
continuing
to
receive
residential
lead­
based
paint
waste.
Two
minor
changes
were
made
to
the
final
regulatory
language
based
on
comments
received
on
the
proposal.
Today's
final
rule
was
modified
to
remove
``
LBP
activities''
to
one
that
includes
``
activities
that
disturb
LBP.''
The
definition
of
construction
and
demolition
waste
landfill
was
changed
to
eliminate
any
confusion
so
that
small
quantity
generator
waste
can
only
be
disposed
of
in
a
facility
that
meets
the
requirements
of
40
CFR
part
257,
subpart
B.

IV.
Other
Applicable
Federal,
State,
Tribal,
and
Local
Requirements
Today's
final
rule
would
not
alter
the
authority
of
State,
local
and
Tribal
governments
to
regulate
LBP
waste
more
stringently
than
does
EPA.
Generators
of
residential
LBP
waste
should
contact
the
appropriate
State
environmental
agencies
to
determine
if
there
are
additional
or
more
stringent
disposal
requirements
for
residential
LBP
waste.
Also,
generators
are
subject
to
applicable
HUD
and/
or
TSCA
regulations
when
addressing
residential
LBP
hazards.

V.
How
Will
States
and
Tribes
Implement
This
Final
Rule?
Because
today's
final
rule
is
less
stringent
than
existing
federal
criteria,
States
are
not
required
to
amend
their
permit
programs
which
have
been
determined
to
be
adequate
under
40
CFR
part
239.
States
have
the
option
of
amending
statutory
or
regulatory
definitions
pursuant
to
today's
final
rule.
If
a
state
chooses
to
amend
its
permit
program
pursuant
to
today's
action,
the
State
would
be
required
to
notify
the
Regional
Administrator
of
the
modification
as
provided
by
40
CFR
239.12.
Whether
a
State
chooses
to
incorporate
today's
rule
into
its
solid
waste
program
has
Statutory
and
Executive
Order
Reviews
no
effect
on
its
existing
status
with
respect
to
EPA
approval,
i.
e.,
State
revisions
will
not
open
previously
approved
solid
waste
programs
for
Federal
review.
Today's
amendments
are
directly
applicable
to
landfills
in
States
without
an
approved
permit
program
under
part
239
and
in
Indian
Country.
We
encourage
Tribes
to
adopt
today's
rule
into
their
programs
to
promote
leadbased
paint
abatement
activities
in
homes
and
other
residences
in
Indian
Country.

VI.
How
Does
This
Final
Rule
Comply
With
Applicable
Statutes
and
Executive
Orders?

Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866,
EPA
must
determine
whether
a
regulatory
action
is
significant
and
therefore
subject
to
Office
of
Management
and
Budget
(
OMB)
review
and
the
other
provisions
of
the
Executive
Order.
The
Order
defines
a
significant
regulatory
action
as
one
that
is
likely
to
result
in
a
rule
that
may:
(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
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;
(
2)
create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
(
3)
materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs
or
rights
and
obligations
or
recipients
thereof;
or
(
4)
raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
Executive
Order
12866.
It
has
been
determined
that
this
rule
is
not
a
``
significant
regulatory
action''
under
the
terms
of
Executive
Order
12866
and
is
therefore
not
subject
to
OMB
review.
EPA
has
performed
a
full
economic
analysis,
``
Economic
Analysis
of
EPA's
Final
Rule
Amending
40
CFR
parts
257
and
258,''
which
is
available
in
the
docket
for
today's
rule.
The
Economic
Analysis
concludes
that
this
rule
will
impose
no
additional
costs
to
parties,
but
may
result
in
cost
savings
and
incremental
public
health
benefits.
The
rule
authorizes
the
disposal
of
residential
LBP
waste
in
C&
D
landfills,
where
previously,
as
``
household
waste''
under
the
July
31,
2000
policy
memorandum,
disposal
was
authorized
only
in
MSWLFs.
Therefore,
EPA
believes
that,
in
those
parts
of
the
country
where
costs
associated
with
transport
to
and
disposal
in
C&
D
landfills
is
less
expensive
than
costs
associated
with
MSWLF
disposal,
some
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residential
LBP
waste
will
be
diverted
from
MSWLFs
to
C&
D
landfills.
Where
this
occurs,
generators
will
benefit
from
lower
waste
management
and
disposal
costs.
EPA
believes
that
only
residential
LBP
waste
generators
in
the
Midwest,
Northeast,
and
South
regions
will
shift
disposal
from
MSWLFs
to
C&
D
landfills,
based
on
an
analysis
of
the
relative
costs
of
MSWLF
and
C&
D
landfill
disposal
by
region.
EPA
further
believes
that
the
percentage
of
residential
LBP
waste
that
is
affected
is
proportional
to
the
share
of
these
three
regions
in
the
number
of
housing
units
with
LBP,
which
is
84.4
percent.
Under
these
assumptions,
an
estimated
0.87
million
tons
of
residential
LBP
waste
may
be
diverted
from
MSWLFs
to
C&
D
landfills
annually.
This
represents
0.73
percent
of
the
total
volume
of
all
waste
disposed
of
in
MSWLFs
annually.
This
shift
in
disposal
would
save
residential
LBP
waste
generators
in
the
Midwest,
Northeast,
and
South
regions
up
to
an
estimated
$
16.76
million
annually.
The
savings
accruing
to
generators
of
residential
LBP
abatement
waste
is
estimated
at
$
0.79
million
per
year,
while
the
savings
accruing
to
generators
of
residential
renovation
and
remodeling
waste
is
$
15.98
million
per
year.
EPA
estimates
that
of
the
$
0.79
million
in
savings
that
could
accrue
to
generators
of
residential
LBP
abatement
waste,
an
estimated
39.7
percent,
or
$
0.31
million,
will
be
generated
annually
in
the
public
housing
sector.
EPA
assumes
that
in
the
public
sector,
any
savings
in
residential
LBP
waste
management
and
disposal
costs
will
be
used
to
conduct
additional
LBP
abatements.
Given
an
average
cost
for
LBP
abatement
in
public
housing
units
of
$
3,650,
the
$
0.31
million
in
annual
savings
would
fund
an
additional
86
abatements
each
year.
This
ensuing
increase
in
LBP
abatement
projects
would
result
in
a
more
rapid
reduction
in
the
potential
for
exposure
to
the
hazards
of
LBP,
especially
for
children.
These
hazards
include
decreased
intelligence
(
i.
e.,
lower
IQ),
behavioral
problems,
reduced
physical
stature
and
growth,
and
impaired
hearing.

B.
Paperwork
Reduction
Act
The
Office
of
Management
and
Budget
(
OMB)
has
approved
the
information
collection
requirements
contained
in
this
rule
under
the
provisions
of
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
and
has
assigned
OMB
control
number
2050
 
0154.
Copies
of
the
ICR
document(
s)
may
be
obtained
from
Susan
Auby,
by
mail
at
the
Office
of
Environmental
Information,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
by
email
at
auby.
susan@
epa.
gov,
or
by
calling
(
202)
260
 
2740.
A
copy
may
also
be
downloaded
off
the
Internet
at
http://
www.
epa.
gov/
icr.
Today's
action
does
not
impose
any
new
information
collection
burden.
The
previously
approved
information
collection
requirements
are
contained
in
the
existing
regulations
at
40
CFR
257.30.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
Agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to
a
collection
of
information,
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
Chapter
15.

C.
Regulatory
Flexibility
Act
The
Regulatory
Flexibility
Act
(
RFA),
as
amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
5
U.
S.
C.
601
et
seq.,
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute,
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
jurisdictions.
For
purposes
of
assessing
the
impacts
of
today's
final
rule
on
small
entities,
a
small
entity
is
defined
as:
(
1)
A
small
business
that
is
primarily
engaged
in
lead
paint
removal
as
described
in
the
North
American
Industry
Classification
System
(
see
http://
www.
sba.
gov/
size/
SIC2NAICSmain.
html);
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
forprofit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
After
considering
the
economic
impacts
of
today's
final
rule
on
small
entities,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
This
final
rule
does
not
impose
any
new
requirements
on
small
entities.
In
fact,
the
rule
will
provide
an
additional
nonmandatory
option
for
the
disposal
of
residential
LBP
waste,
which
could
result
in
less
cost
in
managing
residential
LBP
waste.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
regulatory
actions
on
State,
local,
and
Tribal
governments,
and
the
private
sector.
Under
Section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
one
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
Section
205
of
the
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
alternatives
and
adopt
the
least
costly,
most
cost
effective
or
least
burdensome
alternative
that
achieves
the
objective
of
the
rule.
The
provisions
of
Section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
Section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
it
must
have
developed
under
Section
203
of
the
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.

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/
Wednesday,
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18,
2003
/
Rules
and
Regulations
Today's
final
rule
contains
no
Federal
mandates
(
under
the
regulatory
provisions
of
Title
II
of
the
UMRA)
for
State,
local,
or
tribal
governments
or
the
private
sector.
This
final
rule
does
not
impose
any
enforceable
duty
on
any
State,
local
or
tribal
governments
or
the
private
sector.
Thus,
today's
final
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
UMRA.

E.
Executive
Order
13132:
Federalism
Executive
Order
13132,
entitled
``
Federalism''
(
64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
Policies
that
have
federalism
implications'
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.''
This
final
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132.
As
explained
in
Section
V.
of
this
preamble,
none
of
today's
proposed
revisions
are
more
stringent
or
broaden
the
scope
of
the
existing
Federal
requirements.
Therefore,
States
are
not
required
to
adopt
the
revision
to
the
definition
of
MSWLF
unit
nor
the
additional
definitions
of
construction
and
demolition
(
C&
D)
landfill
and
residential
lead­
based
paint
waste
in
today's
rule.
Thus,
Executive
Order
13132
does
not
apply
to
this
final
rule.

F.
Executive
Order
13175:
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
(
65
FR
67249,
November
6,
2000),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
This
final
rule
does
not
have
tribal
implications
as
specified
in
Executive
Order
13175.
It
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
Today's
final
rule
would
expressly
provide
an
additional
option
for
disposal
of
certain
waste
applicable
in
Indian
Country,
but
would
not
create
any
mandate
on
Indian
tribal
governments.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

G.
Executive
Order
13045:
Protection
of
Children
From
Environmental
Risks
and
Safety
Risks
Executive
Order
13045,
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
applies
to
any
rule
that:
(
1)
Is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
This
final
rule
is
not
subject
to
Executive
Order
13045
because
it
is
not
an
economically
significant
rule
as
defined
by
Executive
Order
12866.
However,
this
rule
will
affect
decisions
involving
the
environmental
health
or
safety
risks
to
children.
In
fact,
it
will
benefit
children
by
allowing
environmentally
protective
disposal
of
residential
lead­
based
paint
waste
in
C&
D
landfills,
which
is
less
costly
than
disposal
in
MSWLFs
in
certain
areas
of
the
U.
S.,
therefore
reducing
the
cost
of
lead
abatements.
Reducing
the
cost
of
LBP
abatements
will
also
reduce
the
amount
of
time
needed
to
complete
abatements
in
public
housing.
Lower
abatement
costs
may
increase
the
amount
of
private
homes
undergoing
abatements.
By
reducing
costs
associated
with
the
disposal
of
LBP
waste,
the
Agency
believes
that
the
number
of
abatements
may
marginally
increase,
thus
resulting
in
a
reduction
of
the
number
of
children
exposed
to
LBP.

H.
Executive
Order
13211:
Actions
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
This
proposed
rule
is
not
a
``
significant
energy
action''
as
defined
in
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(
66
FR
28355
(
May
22,
2001))
because
it
will
not
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy.
I.
National
Technology
Transfer
and
Advancement
Act
of
1995
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA),
Pub
L.
104
 
113,
Sec.
12(
d)
(
15
U.
S.
C.
272
note)
directs
us
to
use
voluntary
consensus
standards
in
our
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
for
example,
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,
explanations
when
we
decide
not
to
use
available
and
applicable
voluntary
consensus
standards.
Today's
final
rule
does
not
involve
technical
standards,
voluntary
or
otherwise.
Therefore,
the
NTTAA
does
not
apply
to
today's
final
rule.

J.
Executive
Order
12898:
Federal
Action
To
Address
Justice
in
Minority
Populations
and
Low­
Income
Populations
Under
Executive
Order
12898,
``
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations,''
as
well
as
through
EPA's
April
1995,
``
Environmental
Justice
Strategy,
OSWER
Environmental
Justice
Task
Force
Action
Agenda
Report,''
and
the
National
Environmental
Justice
Advisory
Council,
EPA
has
undertaken
to
incorporate
environmental
justice
into
its
policies
and
programs.
EPA
is
committed
to
addressing
environmental
justice
concerns,
and
is
assuming
a
leadership
role
in
environmental
justice
initiatives
to
enhance
environmental
quality
for
all
residents
of
the
United
States.
The
Agency's
goals
are
to
ensure
that
no
segment
of
the
population,
regardless
of
race,
color,
national
origin,
or
income,
bears
disproportionately
high
and
adverse
human
health
and
environmental
effects
as
a
result
of
EPA's
policies,
programs,
and
activities.
Today's
final
rule
is
not
expected
to
negatively
impact
any
community,
and
therefore
is
not
expected
to
cause
any
disproportionately
high
and
adverse
impacts
to
minority
or
low­
income
communities
versus
non­
minority
or
affluent
communities.
On
the
contrary,
since
the
rule
will
reduce
the
cost
of
performing
LBP
abatements
in
certain
regions
of
the
U.
S.,
EPA
believes
that
the
savings
will
afford
public
housing
authorities,
in
particular,
the
opportunity
to
conduct
additional
abatements
of
LBP
hazards
in
affected
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/
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18,
2003
/
Rules
and
Regulations
housing
units.
Tenants
of
public
housing
units
are
possibly
more
likely
to
be
minority
and
lower­
income
households,
and
the
rule
should
have
the
effect
of
providing
a
differential
benefit
to
such
populations.

K.
Congressional
Review
Act
The
Congressional
review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that,
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
A
major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
This
action
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.,
804(
2).
This
rule
will
be
effective
on
June
18,
2003.

List
of
Subjects
40
CFR
Part
257
Environmental
protection,
Waste
treatment
and
disposal.

40
CFR
Part
258
Environmental
protection,
Reporting
and
recordkeeping
requirements,
Waste
treatment
and
disposal,
Water
pollution
control.

Dated:
June
12,
2003.
Christine
Todd
Whitman,
Administrator.


For
reasons
set
out
in
the
preamble,
title
40,
chapter
I
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

PART
257
 
[
AMENDED]


1.
The
authority
citation
for
part
257
is
revised
to
read
as
follows:

Authority:
42
U.
S.
C.
6907(
a)(
3),
6912(
a)(
1),
6944(
a),
and
6949a(
c);
33
U.
S.
C.
1345(
d)
and
(
e).


2.
Section
257.2
is
amended:

a.
By
adding
in
alphabetical
order
the
definitions
for
``
Construction
and
demolition
(
C&
D)
landfill''
and
``
Residential
lead­
based
paint
waste,''
and

b.
By
revising
the
definition
of
``
Municipal
solid
waste
landfill
(
MSWLF)
unit.''
The
revision
and
additions
read
as
follows:

§
257.2
Definitions.

*
*
*
*
*
Construction
and
demolition
(
C&
D)
landfill
means
a
solid
waste
disposal
facility
subject
to
the
requirements
of
subparts
A
or
B
of
this
part
that
receives
construction
and
demolition
waste
and
does
not
receive
hazardous
waste
(
defined
in
§
261.3
of
this
chapter)
or
industrial
solid
waste
(
defined
in
§
258.2
of
this
chapter).
Only
a
C&
D
landfill
that
meets
the
requirements
of
subpart
B
of
this
part
may
receive
conditionally
exempt
small
quantity
generator
waste
(
defined
in
§
261.5
of
this
chapter).
A
C&
D
landfill
typically
receives
any
one
or
more
of
the
following
types
of
solid
wastes:
roadwork
material,
excavated
material,
demolition
waste,
construction/
renovation
waste,
and
site
clearance
waste.
*
*
*
*
*
Municipal
solid
waste
landfill
(
MSWLF)
unit
means
a
discrete
area
of
land
or
an
excavation
that
receives
household
waste,
and
that
is
not
a
land
application
unit,
surface
impoundment,
injection
well,
or
waste
pile,
as
those
terms
are
defined
in
this
section.
A
MSWLF
unit
also
may
receive
other
types
of
RCRA
Subtitle
D
wastes,
such
as
commercial
solid
waste,
nonhazardous
sludge,
and
industrial
solid
waste.
Such
a
landfill
may
be
publicly
or
privately
owned.
A
MSWLF
unit
may
be
a
new
MSWLF
unit,
an
existing
MSWLF
unit
or
a
lateral
expansion.
A
construction
and
demolition
landfill
that
receives
residential
lead­
based
paint
waste
and
does
not
receive
any
other
household
waste
is
not
a
MSWLF
unit.
*
*
*
*
*
Residential
lead­
based
paint
waste
means
waste
containing
lead­
based
paint,
which
is
generated
as
a
result
of
activities
such
as
abatement,
rehabilitation,
renovation
and
remodeling
in
homes
and
other
residences.
The
term
residential
leadbased
paint
waste
includes,
but
is
not
limited
to,
lead­
based
paint
debris,
chips,
dust,
and
sludges.
*
*
*
*
*

PART
258
 
[
AMENDED]


1.
The
authority
citation
for
part
258
continues
to
read
as
follows:

Authority:
33
U.
S.
C.
1345(
d)
and
(
e);
42
U.
S.
C.
6902(
a),
6907,
6912(
a),
6944,
6945(
c)
and
6949a(
c).


2.
Section
258.2
is
amended:


a.
By
adding
in
alphabetical
order
the
definitions
for
``
Construction
and
demolition
(
C&
D)
landfill''
and
``
Residential
lead­
based
paint
waste,''
and

b.
By
revising
the
definition
of
``
Municipal
solid
waste
landfill
(
MSWLF)
unit.''
The
revision
and
additions
read
as
follows:

§
258.2
Definitions.

*
*
*
*
*
Construction
and
demolition
(
C&
D)
landfill
means
a
solid
waste
disposal
facility
subject
to
the
requirements
in
part
257,
subparts
A
or
B
of
this
chapter
that
receives
construction
and
demolition
waste
and
does
not
receive
hazardous
waste
(
defined
in
§
261.3
of
this
chapter)
or
industrial
solid
waste
(
defined
in
§
258.2
of
this
chapter).
Only
a
C&
D
landfill
that
meets
the
requirements
of
40
CFR
part
257,
subpart
B
may
receive
conditionally
exempt
small
quantity
generator
waste
(
defined
in
§
261.5
of
this
chapter).
A
C&
D
landfill
typically
receives
any
one
or
more
of
the
following
types
of
solid
wastes:
roadwork
material,
excavated
material,
demolition
waste,
construction/
renovation
waste,
and
site
clearance
waste.
*
*
*
*
*
Municipal
solid
waste
landfill
(
MSWLF)
unit
means
a
discrete
area
of
land
or
an
excavation
that
receives
household
waste,
and
that
is
not
a
land
application
unit,
surface
impoundment,
injection
well,
or
waste
pile,
as
those
terms
are
defined
under
§
257.2
of
this
chapter.
A
MSWLF
unit
also
may
receive
other
types
of
RCRA
Subtitle
D
wastes,
such
as
commercial
solid
waste,
nonhazardous
sludge,
conditionally
exempt
small
quantity
generator
waste
and
industrial
solid
waste.
Such
a
landfill
may
be
publicly
or
privately
owned.
A
MSWLF
unit
may
be
a
new
MSWLF
unit,
an
existing
MSWLF
unit
or
a
lateral
expansion.
A
construction
and
demolition
landfill
that
receives
residential
lead­
based
paint
waste
and
does
not
receive
any
other
household
waste
is
not
a
MSWLF
unit.
*
*
*
*
*
Residential
lead­
based
paint
waste
means
waste
containing
lead­
based
paint,
which
is
generated
as
a
result
of
activities
such
as
abatement,
rehabilitation,
renovation
and
remodeling
in
homes
and
other
residences.
The
term
residential
leadbased
paint
waste
includes,
but
is
not
limited
to,
lead­
based
paint
debris,
chips,
dust,
and
sludges.
*
*
*
*
*

[
FR
Doc.
03
 
15363
Filed
6
 
17
 
03;
8:
45
am]

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