FAXBACK 11024

9444.1982(01)

PAINT FILTER WASTE

Regulation of Paint Filters

David Friedman, Manager
Waste Analysis Program (WH-565B)

Chet McLaughlin, Chief
State Programs Section (Region VII)

Recently you indicated that the States of Iowa and Kansas
have raised questions concerning the regulation of paint
filters removed from spray booths. The questions revolve
around how we regulate those filters which are hazardous
wastes when removed from the spray booth but not after immersion
in water.

I will try to answer the specific questions raised in
your memo (a copy of which is attached).

1. In calculating the quantity of hazardous waste
generated, it is the weight of spent filters (including
occluded paint) that is used. Generators are responsible
for evaluating their waste to determine whether it is a
hazardous waste or not. If necessary they may have to test
their waste to make such an evaluation. However, many times
testing is not required. The necessary evaluation can be
made on the basis of engineering calculations. If the water
fails the EP toxicity test it is also a hazardous waste and
its weight would be added to that of the filters.

2. Waste paint filters are handled the same as any
other hazardous waste relative to the small generator exemption.

3. I am not sure why this particular waste needs special
treatment in the hazardous waste system other than perhaps
for a streamlined system of obtaining treatment permits for
the hazardous mitigation operation (the 55 gallon drum filled
with water). Except in the case of the EP Toxic waters, the
immersed filters are not hazardous wastes and can be placed
in a sanitary landfill at will, whether the generator is a
large or small generator.

I hope I have answered your questions. If not give me a
call at 8-755-9187 (382-4806 after September 30).

Enclosure

cc: Lehman
Lindsey
Corson
Straus
Hotline

WH-565B:DFRIEDMAN:pes:x59187:9-15-82 DISK PS-57-15

Enclosure


MEMORANDUM

DATE: August 19, 1982

SUBJECT: Regulation of Paint Filters

FROM: Chet McLaughlin, Chief
State Programs Section

TO: Allan Corson, (WH-565)
Chief Waste Characterization Branch

The State of Kansas and Iowa have raised a series of problems with
the regulation of pain filters from pray booths especially those
generated infrequently and in small numbers. When these filters
are removed, they can be subject to self ignition and are usually
treated by immediately immersing them in water. Typically these
individual filters are then transporter to a nearby sanitary
landfill and immediately buried to prevent auto ignition. This
produces the potential for the container, water, filter and waste
to become hazardous waste subject to handling as such.

The alternative is to allow the filter to ignite and burn
releasing small quantities of potentially hazardous air
contaminants and handling of the ash a appropriate.

The questions raised by the states on this subject are several:

1. Do they consider the weight of the paint or paint and filter
for the generation quantity? Does the container and water have to
be tested before it can be disposed? If the water fails the EP
toxicity test must it be handled as a hazardous waste?

2. Do they have to require the handling of filters as a
hazardous waste at firms where other wastes achieve the 1000
kg./mo level and allow the others to be treated as small quantity
generators able to use sanitary landfills?

3. Assuming the petition route is not appropriate, the use of
enforcement discretion is apparently the only available mechanism
to allow the states to assume equal treatment and safe handling of
this particular wastes? Are others under consideration?

4. Can they anticipate any regulation interpretation memorandum
on this related subjects in the next several months?