EPA's hazardous waste proposal under evaluation by CPMA

JCT CoatingsTech, Feb, 2004

The Color Pigments Manufacturers Association, Inc. (CPMA), Alexandria, VA, is evaluating a new U.S. Environmental Protection Agency (EPA) rule regarding the identification and listing of hazardous production waste in the manufacture of some organic pigments and dyes. The new proposal differs from and supercedes two previous proposals concerning the color pigments industry, issued in 1994 and 1999 by EPA to list hazardous waste streams from the production of certain dyes, pigments, and FD & C colorants as hazardous waste under the Resource Conservation and Recovery Act (RCRA).

Process-related wastewater from the production of pigments and dyes is not proposed for listing as hazardous, as proposed in earlier rules. The latest proposal applies to process-related solid wastes, such as wastewater treatment sludge, air pollution control dusts, and filter aids.

The EPA proposed rule applies only to azo, triarylmethane, perylene, and anthraquinone color pigment classes. The proposal does not apply to perinone and quinacidone color pigments and does not apply to customers or users of finished color pigments. It regulates the manufacture of specific pigments and some raw materials.

Also, EPA is using a newly developed contingent mass-loadings and management-based approach to define those specific circumstances that classify a waste as hazardous. This approach to defining the scope of the listed waste is intended to ensure that only those waste streams which are mismanaged or otherwise pose a risk are classified as hazardous. In this approach, pigment manufacturers would first determine if process-related, non-wastewaters would contain concentrations of specific constituents that exceed a defined, yearly limit. Even identified wastes that exceed thresholds may be treated as non-hazardous, if the waste is managed properly in an appropriate waste management facility.

According to CPMA, the proposed rule offers a significant improvement over previous efforts and the organization will provide detailed comments on the proposal. The EPA administrator signed the proposal in November and the 90-day comment period begins once the proposed rule is published (Federal Register, Vol. 68, No. 227). On behalf of the color pigments manufacturers, the CPMA is currently reviewing the proposal and welcomes input from interested parties.