Frequent Questions

Does residential lead-based paint (LBP) waste fall within the scope of the household hazardous waste exclusion?

Yes, residential lead-based paint (LBP) waste generated as a result of abatement, rehabilitation, renovation and remodeling activities is within the scope of the household hazardous waste exclusion (see 40 CFR §261.4(b)(1)). EPA defines residential LBP waste as waste containing LBP that is generated as a result of activities such as abatement, rehabilitation, renovation and remodeling in homes and other residences. The term residential LBP waste includes, but is not limited to, lead-based paint debris, chips, dust, and sludges (§258.2). 

It is important to note that the Agency distinguishes demolition and deconstruction activities from abatement, rehabilitation, renovation and remodeling activities. As a result, LBP waste generated from the elimination of the household structure during demolition and deconstruction activities is not within the scope of the household hazardous waste exclusion (68 FR 36487, 36491; June 18, 2003).

Contractors are also encouraged to contact their state, local and/or tribal government to determine whether any restrictions apply to the disposal of residential LBP waste.  This is necessary since, under RCRA, states, local and tribal governments can enforce regulations that are more stringent or broader in scope than the federal regulations.  Thus, under such circumstances, LBP waste from households may still be regulated as a hazardous waste as a matter of state, local or tribal regulations.
 
Additional guidance regarding the applicability of the household hazardous waste exclusion to LBP waste is available in the following documents: 

Memo, Cotsworth to Regions; July 31, 2000 (RCRA Online #14459
Memo, Fried to Hill; March 7, 1995 (RCRA Online #11898
 
The June 18, 2003, Federal Register is available at the following URL:

www.gpo.gov/fdsys/pkg/FR-2003-06-18/pdf/03-15363.pdf 

Additional information regarding household hazardous waste is available at the following URL:

www.epa.gov/hw/household-hazardous-waste-hhw

 

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