However, potentially hazardous household waste should be handled responsibly. Solvent-based paints require special handling for disposal because they may be flammable and exhibit a hazardous waste characteristic. Most latex paints do not meet the federal definition of a hazardous waste. However, latex paint containing mercury biocides may fail the toxicity test and should be handled responsibly. Any latex may contain mercury-containing biocides if manufactured before 1991.
Some states do consider latex paint a hazardous waste.
Mercury-containing biocides are still allowed in exterior latex paints, but manufacturers are working to reduce or eliminate it. Another issue that the paint industry has addressed is lead-based paint. The use of leaded-pigments in paints was banned in 1973. Paints with high levels of heavy metals can be identified by checking the container labels or contacting the manufacturer listed on the label. These paints may need to be treated as potentially hazardous.