EPA clarifies that this interpretation also applies to contractor-generated LBP waste from 
renovations, remodeling and abatements in residences. Both the definition of household waste in 
section 261.4(b)(1) and the Agency’s criteria for determining the scope of the exclusion focus on 
the type of waste generated and the place of generation rather than who generated the waste (e.g., a 
resident or a contractor). This approach is consistent with prior Agency policy. 1 Since 
contractor-generated LBP waste from residential renovations, remodeling, rehabilitation, and 
abatements are of the type generated by consumers in their homes, it is appropriate to conclude that 
such waste, whether generated by a resident or contractor, falls within the household waste 
exclusion. This clarification will facilitate lead abatements and deleading activities in target 
housing by reducing the costs of managing and disposing of LBP waste from residences. 
What is the relationship of this interpretation to the on-going LBP debris rulemaking? 
On December 18, 1998, EPA proposed new TSCA standards for management and disposal of LBP 
debris (63 FR 70190) and simultaneously proposed to suspend temporarily the applicability of the 
RCRA hazardous waste regulations that currently apply to LBP debris (63 FR 70233). This 
memorandum responds to stakeholders requests that EPA clarify whether the existing household 
waste exclusion applies to both homeowners and contractors conducting LBP activities in 
residences. While the Agency still intends to finalize aspects of the two proposals, we are making 
this clarification in advance of the final rule to facilitate LBP abatement in residences without 
unnecessary delay. 
How does this interpretation affect EPA’s enforcement authorities? 
Under this clarification, LBP wastes generated by residents or contractors from the renovation, 
remodeling, rehabilitation, and/or abatement of residences are household wastes that are excluded 
from EPA’s hazardous waste requirements in 40 CFR Parts 124, and 262 through 271. The 
household waste provision of 40 CFR 261.4(b)(1) only excludes such wastes from the RCRA 
regulatory requirements. However, it does not affect EPA’s ability to reach those wastes under its 
statutory authorities, such as RCRA §3007 (inspection) and §7003 (imminent hazard). See 40 CFR 
§261.1(b). 
What are the “best management practices” for handling residential LBP waste? 
*111 the final rule establishing standards for the tracking and management of medical waste, EPA concluded 
that waste generated by health care providers (e.g., contractors) in private homes would be covered by the 
household waste exclusion. 54 FR 12326, 12339 (March 24, 1989). In the specific context of LBP, the Agency 
stated in a March 1990 “EPA Hotline Report” (RCRA Question 6) that lead paint chips and dust resulting from 
stripping and re-painting of residential walls by homeowner or contractors (as part of routine household 
maintenance) would be part of the household waste stream and not subject to RCRA Subtitle C regulations. 
Similarly, in a March 1995 memorandum on the “Applicability of the Household Waste Exclusion to Lead- 
Contaminated Soils,” we found that if the source of the lead contamination was as a result of either routine 
residential maintenance or the weathering or chalking of lead-based paint from the residence, the hazardous waste 
regulations do not apply so long as the lead-contaminated soil is managed onsite or disposed offsite according to 
applicable solid waste regulations and/or State law mandated by RCRA. 
MEMORANDUM from 
Elizabeth Cotsworth 
9 7 
