EPA Excludes Solvent-Contaminated Wipes From RCRA Regulation

All hazardous wastes are not created equal. The basic model is that:

Materials are considered wastes when no longer useable for their original purpose (they’re defined as “solid wastes” if they’re subject to national requirements under Solid Waste Disposal Act (SWDA)).
Solid wastes are considered “hazardous wastes” if they exhibit a characteristic that makes them hazardous to human health or the environment (such as ignitability or toxicity), or appear on one of several lists promulgated by the US Environmental Protection Agency (EPA) using its authority under the national hazardous waste law (Resource Conservation and Recovery Act (RCRA), which is codified within the SWDA).

But RCRA and EPA regulations divide hazardous wastes in a wide variety of sub-categories, some of which are subject to heightened regulatory requirements because they’re especially hazardous (“acute hazardous wastes”), and some of which are allowed streamlined or reduced requirements because they’re already subject to special requirements tailored to them (such as used oil recovery programs), or are generated in such huge volumes that EPA and states are attempting to encourage special programs (such as several so-called “universal wastes”).

EPA has just issued to sets of special rules to govern solvent-contaminated wipes—such as the rags used to wipe oils off operating machinery or spatters of paints or other coatings off finished products. EPA estimates that these new rules will have substantial impacts, affecting 2.2 billion contaminated wipes per year, generated at more than 90,000 facilities and subsequently managed at more than 4,000 laundries, dry cleaners and solid waste management facilities. These rules become effective in six months, on January 31, 2014.

Note that these “exemptions” do not mean that the generator is exempt from all requirements, but instead means that if these requirements are followed they will be the only ones applied by RCRA and SWDA (instead of routine hazardous waste rules). Also, EPA encourages but does not require states to offer these exemptions, so generators may remain subject to additional state hazardous waste management requirements.

Qualifying Reusable Wipes Will No Longer Be “Solid Waste”

Solvent-contaminated wipes that are sent for cleaning and subsequent reuse will not be considered “solid waste” — and therefore qualify for exemption from RCRA and SWDA, if the following conditions are met (40 C.F.R. sec. 261.4(a)(26)):

After generation, they are accumulated, stored, and transported in non-leaking, closed containers labeled “Excluded Solvent-Contaminated Wipes,” and the containers must be able to contain any free liquids that may express from the wipes.
Each container of solvent-contaminated wipes is accumulated by the generator for no more than 180 days after accumulation starts before being sent for cleaning (on-site or off-site).
When being sent for cleaning (on-site or off-site), the solvent-contaminated wipes must not contain any free liquids.
Any free liquids removed from the wipes or from the container holding the wipes must be managed according to the applicable hazardous waste management regulations.
Generators must maintain the following documentation, at their site:

Name and address of the laundry or dry cleaner receiving the wipes
Documentation that the 180-day accumulation time limit is being met
Description of the procedures used to ensure the wipes contain no free liquids at the point of being laundered or dry cleaned (on-site or off-site)
Wipes are sent to a laundry or dry cleaner whose wastewater discharge, if any, is regulated under the Clean Water Act.

Qualifying Disposable Wipes Will No Longer Be “Hazardous Waste”

If a facility’s solvent-contaminated wipes are sent for disposal instead of cleaning-and-reuse, they can still qualify for exemption from being “hazardous waste” if the following conditions are met (40 C.F.R. sec. 261.4(b)(18)):

The wipes must not be contaminated with trichloroethylene.

After generation, they are accumulated, stored, and transported in non-leaking, closed containers labeled “Excluded Solvent-Contaminated Wipes,” and the containers must be able to contain any free liquids that may express from the wipes.
Each container of solvent-contaminated wipes is accumulated by the generator for no more than 180 days after accumulation starts before being transported for disposal.
When being transported for disposal, the solvent-contaminated wipes must not contain any free liquids.
Any free liquids removed from the wipes or from the container holding the wipes must be managed according to the applicable hazardous waste management regulations.
Generators must maintain the following documentation, at their site:

Name and address of the landfill or combustor receiving the wipes
Documentation that the 180-day accumulation time limit is being met
Description of the procedures used to ensure the wipes contain no free liquids at the point of being transported for disposal.

The wipes are sent for disposal to either of the following:

Municipal solid waste landfill regulated under SWDA, or a hazardous waste landfill regulated RCRA
A municipal waste combustor or other combustion facility regulated under the Clean Air Act, or to a hazardous waste combustor, boiler, or industrial furnace regulated under RCRA.

Self-Assessment Checklist

Does the organization use wipes to remove oils, paints or coatings from equipment or products?

If so, do any wipe-down procedures involve solvents, either on the wipes to help remove materials, or as the materials being removed?
If so, is trichloroethylene ever involved?

Are wipes accumulated before being sent to on-site or off-site decontamination (e.g., laundering) before subsequent reuse?

If so, does the organization follow procedures necessary to qualify for EPA’s new exemption from solid waste?

Are wipes accumulated before being sent off-site for combustion or disposal?

If so, does the organization follow procedures necessary to qualify for EPA’s new exemption from solid waste?

Does the state hazardous waste management agency with jurisdiction impose different/additional requirements?

Where can I go for additional information?

EPA maintains a webpage for this rulemaking, including regulatory text, frequently asked questions, and additional information.
State hazardous waste management agencies may administer different/additional requirements, and may or may not change their requirements to match EPA’s newly-adopted requirements. EPA provides links to state hazardous waste management agencies here.

Specialty Technical Publishers (STP) provides a variety of single-law and multi-law services, intended to facilitate clients’ understanding of and compliance with EH&S requirements. These include:

About the Author

Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 25 years. He was involved in developing 16 existing products, including Environmental Compliance: A Simplified National Guide, Greenhouse Gas Auditing of Supply Chains and The Complete Guide to Environmental Law.

Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).

Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).

You may contact Mr. Elliott directly at: tei@ix.netcom.com.

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