ACA and PaintCare Submit Universal Waste Petition to EPA.

ACA and PaintCare have submitted a rulemaking petition to the U.S. Environmental Protection Agency (EPA) to formally request EPA to consider adding paint wastes to the federal universal waste rule.

Although paint wastes are not currently on the federal universal waste rule, several states have implemented state-level universal waste rules to include paint wastes. Including paint wastes under the federal universal waste rule would not only ease the regulatory burden experienced by paint manufacturers, paint retailers, paint haulers, and paint recyclers by streamlining management standards, but also promote diverting these wastes from solid landfills.

Federal universal waste regulations codified 40 C.F.R. [section] 273 streamline hazardous waste management standards for certain types of hazardous wastes that are typically generated through a wide range of establishments. EPA states that the universal waste regulations provide streamlined regulations that promote collection and recycling as well as significantly reducing the regulatory burden on businesses that collect or transport these wastes.

In the petition, ACA and PaintCare address the eight factors set forth in the regulations that it wants EPA to consider in designating new categories of universal wastes (under 40 C.F.R. [section] 273.81), and that a balance of these factors supports such a designation. ACA and PaintCare also address the following topics and provide proposed regulatory language:

* the definition of paint wastes that will be covered by the universal waste rule;

* the clarification of when paints become solid wastes;

* the establishment of appropriate storage and management standards for universal waste handlers;

* the relationship between the universal waste rule and existing universal waste rules (specifically for aerosol cans and pesticides);

* state adoption of the universal waste rule; and

* the effect on interstate transport for states that fail to adopt the universal waste rule for paints.

In the petition, ACA and PaintCare emphasized to EPA that there is increasing demand and need for improving recycling efforts as well as finding alternatives measures for waste disposal that reduces the amount of waste going to municipal solid waste landfills. "Additionally, a number of states, including Ohio, Texas, New Jersey, Pennsylvania, and most recently, New York, have enacted their own state-level universal waste programs that designate paint wastes as universal wastes," notes the petition submission letter.

"For these reasons, ACA and PaintCare see this as an opportune time for EPA to consider this request. Designating paint wastes as universal wastes in the federal regulations would help streamline regulatory requirements, ease the regulatory burden experienced by paint manufacturers, paint retailers, paint haulers, and paint recyclers, and facilitate responsible stewardship for paint wastes."