Oil-Based Paint from Businesses:To use the PaintCare program for oil-based products, your waste must qualify as exempt under federal (40 CFR § 262.14) and any analogous state/local hazardous waste generator rules. Most notably, these rules require that your business (a) generates no more than 100 kilograms (about 25 gallons or 220 pounds) of hazardous waste per month, and (b) accumulates no more than 1,000 kilograms (about 250 gallons or 2,200 pounds) of hazardous waste at any given time. If your business does not qualify as an exempt generator, it will not be able to use the program for oil-based products, but it can still use the program for water-based products.
The federal exempt generator rules are on the EPA’s website here. Most states’ laws mirror the EPA’s “VSQG” rules, but some do not. The EPA provides a table here with information about state-specific rules concerning exempt generators.
Some state agencies provide additional information to help explain their exempt generator rules:
- California (no state law analog to federal exempt generator rules)
- District of Columbia
- Maine (See “Am I a Small Quantity Generator (SQG), an SQG Plus, or a Large Quantity Generator (LQG)?”)
- New York
- Oregon (See “How do I determine my generator status?”)
- Rhode Island
- Vermont (See Section 2.1.5)