Summary of EPA Meeting with the National Paint & Coatings
Association’s Environmental Management Committee 

May 23, 2007

On Wednesday, May 23, 2007, Definition of Solid Waste team members from
the Office of Solid Waste (OSW) met with the National Paint & Coatings
Association (NPCA)’s Environmental Management Committee. EPA gave a
brief overview of the supplemental proposed rule and took questions and
comments from the group. In response to a question regarding non-waste
determinations, EPA clarified that a generator can choose to pursue a
non-waste determination if their specific case does not first fit under
the other two exclusions (which are self-implementing). As part of the
discussion, NPCA voiced concerns about the impacts of sudden market
changes on generators who have all intentions of legitimately recycling
their waste but then, due to unforeseen circumstances, must quickly find
another reclaimer or risk losing the exclusion, thereby potentially
placing the generator out of compliance as the materials become
‘hazardous waste’. Specifically, NPCA discussed a potential chilling
effect on generators who consolidate shipments across several of their
facilities and must assume the risk of an unexpected change in
regulatory status due to circumstances out of their control. EPA
responded by expressing interest in comments on this issue. Finally, EPA
confirmed that the term ‘recycler’ covers not only the classic
“Part B” permitted facilities but also start-up recyclers and
generators who accept and recycle hazardous secondary materials from
other companies.

Amanda Geldard		Environmental Protection Agency

Charlotte Mooney		Environmental Protection Agency

David Darling			NPCA

Jim Sell 			NPCA 

Creg Browne 			Akzo Nobel

R. Scott Thomas 		Sherwin-Williams

Barry Cupp 			Sherwin-Williams

Allen Stegman 			Valspar Corporation

George Patterson 		DuPont

John Kinast 			Henry Company

Ranya Laiosa 			Benjamin Moore 

Jordan Dern 			Delta Laboratories 

 

