Lead-Based Paint Removal

Analysis And Disposal of Lead-Based Paint Waste

The requirements for the management of solid waste in Illinois are identified by statutes in the Environmental Protection Act and regulations adopted thereunder by the Illinois Pollution Control Board. The purpose of the statutory and regulatory requirements identified above is to protect human health and the environment by ensuring that wastes are handled in a safe and responsible manner in order to prevent the contamination of air, water, soil and groundwater in Illinois. For a copy of the statutes or regulations, please write to:

Illinois Environmental Protection Agency
Bureau of Land (#33)
P.O. Box 19276
Springfield, Illinois 62794-9276
or call (217) 524-3300

What is Residential LBP Waste?

Residential LBP waste is waste generated by a homeowner or contractor through LBP removal activities from a household. Solid waste that is generated from a household is exempt from being a hazardous waste under Section 721.104(b)(1). Household is defined in Illinois' Resource Conservation and Recovery Act (RCRA) regulations at 35 Ill. Adm. Code Section 721.104(b)(1) as: ". . .single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. . ." Residential soil contaminated with LBP also meets the definition of household LBP waste.

Handling and Disposal of Residential LBP Waste

LBP waste removed from a household by the homeowner or a contractor meets the household waste exemption and may be disposed of as municipal waste. LBP waste derived from a household must be sent to a landfill, incinerator or other waste facility that is permitted by the Illinois EPA to accept municipal waste. If LBP is removed from the original substrate to which it was adhered, precautions must be taken to properly containerize the waste in order to prevent releases to the air, land and water. If the contractor/generator collects the LBP waste at ground level, an impermeable base or liner must be placed on the ground to prevent soil contamination. During precipitation events, or if liquid wastes are generated during removal activities, measures must be taken to ensure that water contaminated with waste is contained and does not contaminate surrounding soil and surface water. In addition, precautions must be taken to prevent releases to the air which may result in soil and/or surface water contamination and exposure of LBP removal worker(s) and the general public.

Non-Residential LBP Waste

If demolition/construction debris containing LBP still adhered to the substrate is generated from a non-residential structure, the waste may be handled as general refuse. However, if the LBP is removed from the original substrate to which it was adhered, then the waste is a special waste. The waste must also be tested to determine if it is a hazardous waste. The entire waste stream (e.g., paint chips, blasting grit with paint chips, stripping agent with paint chips) must be analyzed. LBP waste that meets the definition of special waste is hazardous if it has a concentration of lead equal to or greater than 5.0 mg/l as determined by the Toxicity Characteristic Leaching Procedure (TCLP). In addition, other parameters must be below the regulatory limits for toxicity and other characteristics and listings. The handling and disposal of hazardous waste in Illinois must be conducted in accordance with the Resource Conservation and Recovery Act (RCRA) regulations applicable to the activity being conducted.

If the generator/contractor determines that the LBP waste is hazardous, then the waste must be treated prior to disposal in a facility that is permitted by IEPA to accept that waste. The treatment technology that is used is stabilization. The treatment of hazardous LBP waste must render the waste non-hazardous prior to disposal at a properly permitted facility.

Hazardous LBP waste may not be stored on-site for greater than 90 days (or 180 days for a small-quantity generator; 270 days for a small-quantity generator that transports his/her waste greater than 200 miles) without a RCRA permit.

If the special waste is determined to not be a hazardous waste, the waste may be certified by the generator to be just solid waste provided it does not exhibit certain characteristics. The generator of the special waste may certify the waste if the waste passes the paint filter test (is not a liquid), does not contain PCBs, is not a hazardous waste, is not regulated asbestos-containing material, does not result from shredding recyclable metals, and is not former hazardous waste rendered non-hazardous. Documentation of the certification must be maintained by the generator and made available to the Agency or disposal company upon request. If the special waste is certified, it may be handled as general refuse and no manifest or additional recordkeeping requirements are applicable. Questions concerning the certification of special waste should be directed to the Bureau of Land's permit section at (217) 524-3300.

Transportation of LBP Waste

Anyone who hauls or transports any special waste within Illinois must have a current, valid waste hauling permit issued by the IEPA. Note: Any person who transports special waste only from generators who generate less than 100 kilograms (220 pounds) of special waste in a calendar month is exempt from this requirement.

Manifest and Recordkeeping Requirements

Any person who delivers any special waste to a permitted special waste hauler shall complete a manifest to accompany the special waste from delivery to destination. In order to manifest special waste off site, the generator must obtain an IEPA identification number (and a USEPA identification number if the waste is hazardous). In addition, if the waste is a non-hazardous special waste and is sent out of state, the generator must submit an Illinois Generator Non-Hazardous Solid Waste Annual Report for Waste Shipped Out-of State to the IEPA. If the waste is a hazardous waste and the generator exceeds 1000 kilograms in any month, the generator must submit a hazardous waste annual report to the IEPA. Note: A person who generates less than 100 kilograms (220 pounds) of special waste in every calendar month in a calendar year is exempt from manifesting and reporting requirements.

Recycling of LBP-Contaminated Material

If a material contaminated with LBP is sent to a recycling, smelting or scrap facility, the IEPA recommends that the generator:

  1. remove the LBP from the substrate and dispose of the LBP accordingly (special and/or hazardous waste); or
  2. inform the reclamation facility of the presence of LBP on the material.

For Further Information

If you have questions regarding the disposal of LBP waste, please contact Todd Marvel at (217) 524-5024 or the IEPA/Bureau of Land (BOL)/Field Operations Section (FOS) regional office that serves your county.