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MEMORANDUM

From: Elizabeth A. Cotsworth, Director

Office of Solid Waste

To: RCRA Senior Policy Advisors

EPA Regions 1 - 10

Subject: Regulatory Status of Waste Generated by Contractors and Residents from LeadBased Paint Activities Conducted in Households

What is the purpose of this interpretation?

This memorandum clarifies the regulatory status of waste generated as a result of lead-based paint

(LBP) activities (including abatement, renovation and remodeling) in homes and other residences. 

Since 1980, EPA has excluded Ahousehold waste@ from the universe of RCRA hazardous wastes

under 40 CFR 261.4(b)(1). In the 1998 temporary toxicity characteristic (TC) suspension

proposal, we clarified that the household waste exclusion applies to Aall LBP waste generated as a

result of actions by residents of households (hereinafter referred to as “residents”) to renovate,

remodel or abate their homes on their own.@ 63 FR 70233, 70241 (Dec. 18, 1998). In this

memorandum, EPA is explaining that we believe lead paint debris generated by contractors in

households is also “household waste” and thus excluded from the RCRA Subtitle C hazardous

waste regulations. Thus, the household exclusion applies to waste generated by either residents or

contractors conducting LBP activities in residences. 

What is the practical significance of classifying LBP waste as a household waste?

As a result of this clarification, contractors may dispose of hazardous-LBP wastes from residential

lead paint abatements as household garbage subject to applicable State regulations. This practice

will simplify many lead abatement activities and reduce their costs. In this way, the clarification

in today’s memorandum will facilitate additional residential abatement, renovation and

remodeling, and rehabilitation activities, thus protecting children from continued exposure to lead

paint in homes and making residential dwellings lead safe for children and adults. 
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LBP debris (such as architectural building components -- doors, window frames, painted wood

work) that do not exhibit the TC for lead need not be managed as hazardous waste. However, LBP

waste such as debris, paint chips, dust, and sludges generated from abatement and deleading

activities that exhibit the TC for lead (that is, exceed the TC regulatory limit of 5 mg/L lead in the

waste leachate), are hazardous wastes and must be managed and disposed of in accordance with

the applicable RCRA subtitle C requirements (including land disposal restrictions) except when it

is “household waste.” Under 40 CFR 261.4(b)(1), household wastes are excluded from the

hazardous waste management requirements. Today, EPA is clarifying that waste generated as part

of LBP activities conducted at residences (which include single family homes, apartment

buildings, public housing, and military barracks) is also household waste, that such wastes are no

longer hazardous wastes and that such wastes thus are excluded from RCRA’s hazardous waste

management and disposal regulations. Generators of residential LBP waste do not have to make a

RCRA hazardous waste determination. This interpretation holds regardless of whether the waste

exhibits the toxicity characteristic or whether the LBP activities were performed by the residents

themselves or by a contractor. 

Where can I dispose of my household LBP waste? 

LBP waste from residences can be discarded in a municipal solid waste landfill (MSWLF) or a

municipal solid waste combustor. Dumping and open burning of residential LBP waste is not

allowed. Certain LBP waste (such as large quantities of concentrated lead paint waste -- paint

chips, dust, or sludges) from residential deleading activities may be subject to more stringent

requirements of State, local, and/or tribal authorities.

What is the basis for this interpretation?

The household waste exclusion implements Congress’s intent that the hazardous waste regulations

are “not to be used either to control the disposal of substances used in households or to extend

control over general municipal wastes based on the presence of such substances.” S. Rep. No. 94-

988, 94th Cong., 2nd Sess., at 16. EPA regulations define “household waste” to include “any

waste material (including garbage, trash, and sanitary wastes 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).” 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 1998, EPA concluded that LBP waste resulting from renovation and remodeling efforts by

residents of households met these criteria. (63 FR 70241-42, Dec. 18, 1998). In short, the Agency

found that more and more residents are engaged in these activities and thus the waste can be

considered to be generated by individuals in a household and of the type that consumers generate

routinely in their homes. Wastes from LBP abatements performed by residents were also

considered household wastes.
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In the final rule establishing standards for the tracking and management of medical waste, EPA concluded

that waste generated by health care providers (e.g., contractors) in private homes would be covered by the

household waste exclusion. 54 FR 12326, 12339 (March 24, 1989). In the specific context of LBP, the Agency

stated in a March 1990 AEPA Hotline Report@ (RCRA Question 6) that lead paint chips and dust resulting from

stripping and re-painting of residential walls by homeowner or contractors (as part of routine household

maintenance) would be part of the household waste stream and not subject to RCRA Subtitle C regulations. 

Similarly, in a March 1995 memorandum on the AApplicability of the Household Waste Exclusion to LeadContaminated Soils,@ we found that if the source of the lead contamination was as a result of either routine

residential maintenance or the weathering or chalking of lead-based paint from the residence, the hazardous waste

regulations do not apply so long as the lead-contaminated soil is managed onsite or disposed offsite according to

applicable solid waste regulations and/or State law mandated by RCRA. 

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EPA clarifies that this interpretation also applies to contractor-generated LBP waste from

renovations, remodeling and abatements in residences. Both the definition of household waste in

section 261.4(b)(1) and the Agency’s criteria for determining the scope of the exclusion focus on

the type of waste generated and the place of generation rather than who generated the waste (e.g., a

resident or a contractor). This approach is consistent with prior Agency policy.1 Since

contractor-generated LBP waste from residential renovations, remodeling, rehabilitation, and

abatements are of the type generated by consumers in their homes, it is appropriate to conclude that

such waste, whether generated by a resident or contractor, falls within the household waste

exclusion. This clarification will facilitate lead abatements and deleading activities in target

housing by reducing the costs of managing and disposing of LBP waste from residences. 

What is the relationship of this interpretation to the on-going LBP debris rulemaking? 

On December 18, 1998, EPA proposed new TSCA standards for management and disposal of LBP

debris (63 FR 70190) and simultaneously proposed to suspend temporarily the applicability of the

RCRA hazardous waste regulations that currently apply to LBP debris (63 FR 70233). This

memorandum responds to stakeholders requests that EPA clarify whether the existing household

waste exclusion applies to both homeowners and contractors conducting LBP activities in

residences. While the Agency still intends to finalize aspects of the two proposals, we are making

this clarification in advance of the final rule to facilitate LBP abatement in residences without

unnecessary delay.

How does this interpretation affect EPA’s enforcement authorities? 

Under this clarification, LBP wastes generated by residents or contractors from the renovation,

remodeling, rehabilitation, and/or abatement of residences are household wastes that are excluded

from EPA=s hazardous waste requirements in 40 CFR Parts 124, and 262 through 271. The

household waste provision of 40 CFR 261.4(b)(1) only excludes such wastes from the RCRA

regulatory requirements. However, it does not affect EPA’s ability to reach those wastes under its

statutory authorities, such as RCRA §3007 (inspection) and §7003 (imminent hazard). See 40 CFR

§261.1(b).

What are the “best management practices” for handling residential LBP waste?
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Although excluded from the hazardous waste regulations, EPA encourages residents and

contractors managing LBP waste from households to take common sense measures to minimize the

generation of lead dust, limit access to stored LBP wastes including debris, and maintain the

integrity of waste packaging material during transfer of LBP waste. In particular, we continue to

endorse the basic steps outlined in the 1998 proposals for the proper handling and disposal of LBP

waste (63 FR 70242) as the best management practices (BMPs) including:

• Collect paint chips and dust, and dirt and rubble in plastic trash bags for disposal.

• Store larger LBP architectural debris pieces in containers until ready for disposal.

• Consider using a covered mobile dumpster (such as a roll-off container) for storage of LBP

debris until the job is done.

• Contact local municipalities or county solid waste offices to determine where and how

LBP debris can be disposed. 

In addition, contractors working in residential dwellings are subject to either one or both of the

following:

• The HUD Guidance for contractors doing publically-funded rehabilitation/renovation

projects in public housing. (See Guidelines for the Evaluation and Control of Lead-Based

Paint Hazards in Housing. U.S. Department of Housing and Urban Development, June

1995) The HUD guidelines can be accessed via the Internet at:

http://www.hud.gov/lea/learules.html

• TSCA 402/404 training and certification requirements. (See 40 CFR Part 745; 61 FR

45778, August 29, 1996) and the proposed TSCA onsite management standards (See 40

CFR Part 745, Subpart P; 63 FR 70227 - 70230, Dec. 18, 1998). [EPA expects to issue the

final rule next year.]

The above-mentioned BMPs for households are similar to those included in the HUD Guidelines

for individuals controlling LBP hazards in housing. HUD requires that contractors using HUD

funding adhere to LBP hazard control guidelines. Non-adherence to these guidelines can

potentially result in the loss of funding.

Does this interpretation apply in my State and/or locality?

We encourage contractors and residents to contact their state, local and/or tribal government to

determine whether any restrictions apply to the disposal of residential LBP waste. This

verification is necessary since, under RCRA, States, local and tribal governments can enforce

regulations that are more stringent or broader in scope than the federal requirements. Thus, under

such circumstances, LBP waste from households may still be regulated as a hazardous waste as a

matter of State regulations. 

We are distributing this memorandum to all 56 States and Territories, and Tribal Programs and

various trade associations. We encourage States to arrange for implementation of the
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interpretation discussed in this memo in their States to facilitate residential LBP abatements

making residential dwellings lead-safe. We encourage trade associations to inform their

memberships about this memo and instruct them about ways to manage residential LBP waste.

Whom should I contact for more information?

If you have additional questions concerning the regulatory status of waste generated from leadbased paint activities in residences, please contact Ms. Rajani D. Joglekar of my staff at 703/308-

8806 or Mr. Malcolm Woolf of the EPA General Counsel’s Office at 202/564-5526. 

cc: Key RCRA Contacts, Regions 1 - 10 

RCRA Regional Council Contacts, Regions 1 - 10

RCRA Enforcement Council Contacts, Regions 1 - 10

Association of State and Territorial Solid Waste Management Officials ( ASTSWMO)