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9441.1990(09)

RCRA/SUPERFUND HOTLINE SUMMARY

MARCH 1990

6. Applicability of the Household Hazardous Waste Exclusion to Waste
Generated by Contractors

A homeowner hires a contractor to scrape old paint from his walls and
repaint them. Paint chips from the walls are EP toxic for lead and are
disposed of in the household's waste stream. How are the chips regulated
under RCRA?

The regulations at 40 CFR Section 261.4(b)(1) state that waste
generated at a household is excluded from regulation as a hazardous
waste. According to the November 13, 1984 Federal Register, waste
from building construction, renovation and demolition, even if
generated at a household, is not covered under the household waste
exclusion. Househould waste, to be excluded pursuant to 40 CFR
Section 261.4(b)(1), must fulfill two criteria. Household waste has to
be generated "by individuals in their homes" and "the waste stream
must be composed primarily of materials found in the wastes
generated by consumers in their homes." (49 FR 44978; November 13,
1984)

EPA does not distinguish between waste generated at a household by
a homeowner and waste generated at a household by a person other
then the homeowner. (See the March 24, 1989 Federal Register; 54 FR
12339 applying the household waste exclusion to medical waste
generated by home health care providers.) EPA determines the
applicability of the exclusion based upon the type of waste generated
and the place of generation. Therefore, solid waste generated at a
home as part of routine residential maintenance (as opposed to
renovation, construction or demolition) would be part of the
household waste stream and thus would not be subject to the
hazardous waste determination requirements of 40 CFR Section
262.11.

Source: Carrie Wehling, OGC (202) 382-7706
Research: Monica Genadio