Lead-Based Paint Waste Disposal

The U.S. Environmental Protection Agency (EPA) delegated authority to enforce the Lead-Based Paint Rules and Regulations to EPD's Lead-Based Paint and Asbestos Program. Because lead is a potential environmental and health hazard, EPD regulates the lead-based paint abatement and renovation industry in the areas of target housing and child-occupied facilities. The focus of the Georgia Rules for Lead-Based Paint Hazard Management, Chapter 391-3-24, is to regulate lead-based paint activities.

While EPD regulates lead as a hazardous waste under the Georgia Rules for Hazardous Waste Management, Chapter 391-3-11, there are certain exemptions for hazardous waste disposal requirements. The Georgia Rules for Solid Waste Management, Chapter 391-3-4 and the Georgia Rules for Hazardous Waste Management provide for the exemption of hazardous waste disposal requirements when the waste is generated by a household. This is either called household hazardous waste or municipal solid waste, depending on the rule cited.

In a July 31, 2000 memorandum, EPA's Office of Solid Waste provided the interpretation that waste generated from lead-based paint activities (e.g., abatement, renovation, and remodeling) in homes and other residences, falls under the household hazardous waste exemption. The purpose of this exemption is to reduce disposal costs for these contractors. The memo does not provide any hazardous waste disposal exemption, however, if the lead-based paint waste comes from abatement, renovation, and/or remodeling activities in child-occupied facilities. The memo also does not provide interpretation regarding the demolition of lead-based painted structures. EPD seeks to clarify its position regarding these activities with the following series of questions and answers.