UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AUG 30 1991

MEMORANDUM

SUBJECT:   Lead Paint Removal Debris and the TCLP Procedure

FROM:      David A. Bussard, Director
                 Characterization and Assessment Division
                 Office of Solid Waste (OS-330)

TO:        Toxicity Characteristic (TC) Rule Regional Contacts
              Regions I - X

Since the promulgation of the TC rule (March 29, 1990), there have been a number of generator and state inquiries
regarding the applicability of the TC rule (i.e., Toxicity Characteristic Leaching Procedure (TCLP)) to lead-paint removal debris.  Specifically, questions have been raised regarding the regulatory status of lead-paint removal debris that are generated with a mineral abrasive which includes an additive which "masks" (intentionally or not) the lead in a subsequent TCLP test.  We anticipate that you will be receiving similar inquiries regarding
the regulatory status of the above-mentioned waste.

In summary, there are two scenarios that may exist regarding the addition of agents or additives to mineral abrasives that are used for lead paint abatement projects:

      1. Agents or additives that are mixed with the mineral abrasive prior to the abatement process (i.e., before a
      waste is generated) for purposes of preventing waste from exhibiting a hazardous characteristic.

      2. Agents or additives that are mixed with the mineral abrasive subsequent to the abatement process (i.e., after
      a waste is generated) for purposes of preventing waste from exhibiting a hazardous characteristic.

The purpose-of this memorandum and the attachment is to provide you with a copy of a letter that responds to these and other questions regarding the applicability of the TC rule and hazardous waste regulations to lead-paint removal debris.

Should you have any questions regarding the information in the attachment, please contact Daryl Moore of my staff on FTS 475-6721 or (202) 475-6721.