DEFINITIONS FOR PURPOSES OF THE EXCLUSIONS
1) A “wipe” isa woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.
2) A “solvent-contaminated wipe” is a wipe that, after use or after cleaning up a spill:
• Contains one or more of the F001 through F005 solvents listed in 40 CFR 261.31 or the corresponding P- or U- listed solvents found in 40 CFR 261.33, or
• Exhibits a hazardous characteristic resulting from a solvent listed in 40 CFR 261, or
• Exhibits only the hazardous waste characteristic of ignitability due to the presence of one or more non-listed solvents.
3) The term “no free liquids” means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test – EPA Publication SW-846) and that there is no free liquid in the container holding the wipes. “No free liquids” may also be determined using another standard or test method as defined by an EPA authorized state.
Ineligible Wipes
Solvent-contaminated wipes that contain listed hazardous waste other than F001 – F005 listed solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to non-listed solvents or contaminants other than solvents, are not eligible for either conditional exclusion. In addition, wipes that are hazardous waste due to the presence of trichloroethylene cannot be disposed of pursuant to the exclusion from the definition of hazardous waste (for wipes that are disposed of) – they must be managed as a hazardous waste.
HOW THE EXCLUSIONS WORK
Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes, provided the conditions of the exclusion at 40 CFR 261.4(a)(26)) are met. Solvent-contaminated wipes that are sent for disposal are not hazardous wastes, provided the conditions of the exclusion at 40 CFR 261.4(b)(18)) are met. Both the solid waste and hazardous waste exclusions contain the following requirements.
Containers
Solvent-contaminated wipes must be accumulated, stored, and transported in containers as follows:
• The wipes must be contained in non-leaking, closed containers.
• The containers must be labeled “Excluded Solvent-Contaminated Wipes”
• The containers must be able to contain free liquids, should free liquids occur
• The container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions when any of the following occur:
– The container is full
– When the solvent-contaminated wipes are no longer being accumulated
– When the container is being transported.
Time Limits
Generators may accumulate the solvent-contaminated wipes for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning or disposal.
Free Liquids
The solvent-contaminated wipes must contain no free liquids at the point of being sent for cleaning or disposal.
Note: Any free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable hazardous waste regulations found in 40 CFR 260 to 273.
Eligible Handling Facilities
Solvent-contaminated wipes excluded from the solid waste definition pursuant to 40 CFR 261.4(a)(26) must be sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 and 402 or section 307 of the Clean Water Act.
Solvent-contaminated wipes excluded from the hazardous waste definition pursuant to 40 CFR 261.4(b)(18) must be sent for disposal to a landfill that is either a municipal solid waste landfill regulated under 40 CFR 258 or a hazardous waste landfill regulated under 40 CFR 264 or 40 CFR 265. Other options are sending the wipes to a municipal waste combustor or other combustion facility regulated under section 129 of the Clean Air Act or to a hazardous waste combustor, boiler, or industrial furnace regulated under 40 CFR 254, 40 CFR 265, or 40 CFR 266 subpart H.
Recordkeeping
Generators must maintain at their site documentation that contains:
• Name and address of the laundry, dry cleaner, landfill, or combustor that is receiving the solvent-contaminated wipes
• Documentation that the 180-day accumulation time limit in is being met;
• Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being transported for disposal.
Additional Resources:
EPA Press Release re Solvent-Contaminated Wipes
2013 Solvent-Contaminated Wipes Final Rule: FAQs
Solvent-Contaminated Wipes Final Rule – Summary Chart
By Elizabeth Dickinson, J.D. BLR Legal Editor
ldickinson@blr.com
Elizabeth M. Dickinson, J.D., is a Legal Editor for BLR’s environmental publications, focusing primarily on hazardous waste related topics. Ms Dickinson has covered environmental developments since 1994. Before starting her career in publishing, she was a corporate and securities attorney at Cummings & Lockwood and at Aetna Life and Casualty, both in Hartford, Connecticut. She received a Bachelor of Arts degree, cum laude, in English and American Literature and Language from Harvard University and her Juris Doctorate, cum laude, from the University of Connecticut School of Law, where she was an Articles Editor of the Connecticut Law Review. Ms. Dickinson is licensed to practice law in Connecticut.