EPA Finalizes Regulatory Relief for Generators of Solvent-Contaminated Wipes
Russ Boesch, CPEA, CHMM, Senior Program Director, Nashua, NH
On July 31, 2013, EPA published a newly promulgated final regulation that provides some new alternatives for generators of solvent-contaminated wipes (hereinafter "wipes") to manage such wipes absent the strictures of hazardous waste regulation. EPA has granted conditional regulatory relief to two types of wipes: those that are disposed, and those that are cleaned and reused. This new regulation affects more than 90,000 facilities across the U.S. that generate wipes in a broad variety of production and cleaning activities. EPA estimates that the reduced regulatory burden on industry will result in cost savings of about $25 million annually.
The regulation grants a new conditional exclusion under 40 CFR 261.4(a) - Materials which are not solid wastes for wipes that are sent for cleaning and reuse, provided the conditions of the exclusion are met (discussed below). The regulation also grants a new conditional exclusion under 40 CFR 261.4(b) - Solid wastes which are not hazardous wastes for wipes that are sent for disposal, also contingent upon meeting the conditions of the exclusion.
This new regulation applies to wipes containing one or more F001 - F005 solvents listed in 40 CFR 261.31 or the corresponding P- or U-listed solvents found in 40 CFR 261.33, including (for example) acetone, benzene, methanol, MEK, toluene, xylene, and others. It also applies to wipes that exhibit a hazardous characteristic from a solvent listed in 40 CFR 261, as well as wipes that exhibit only the ignitability characteristic when containing one or more non-listed solvents. This regulation does not include wipes that contain listed hazardous waste other than solvents, and wipes that exhibit the characteristic of toxicity, corrosivity, or reactivity due to non-listed solvents or contaminants other than solvents. Also, disposable wipes contaminated with trichloroethylene must continue to be managed as hazardous waste; however, reusable wipes contaminated with trichloroethylene are covered under the conditional exclusion for solid wastes.
Both reusable wipes and disposable wipes are subject to specific requirements that must be met in order to qualify for the "conditional exclusion" from (respectively) the definition of solid waste or hazardous waste in 40 CFR 261.4(a) and (b). Such requirements include:
This rule takes effect on January 31, 2014. If your state has been delegated authority by EPA for administering the RCRA hazardous waste program, be sure to check your state hazardous waste regulations, because they may be more stringent than the federal regulations.
Russ Boesch, CPEA, CHMM, is Senior Program Director with Specialty Technical Consultants, Inc. and has more than 25 years of experience conducting environmental compliance and management systems audits, regulatory analysis, and environmental management consulting. Russ has managed and performed numerous EHS compliance audits throughout the United States in a variety of industries including aerospace, automotive, utilities, pharmaceuticals, medical devices, optical devices, laboratories, foods, electronics, petroleum refining, and chemical manufacturing facilities; commercial hazardous waste TSDFs; cruise ships; educational institutions; and federal government installations. Russ has helped several large corporations design and implement audit programs by preparing facility- and state-specific audit protocols, conducting auditor training, and leading audit teams in the field.
A Certified Professional Environmental Auditor in the disciplines of Environmental Compliance and Responsible CareŽ Management Systems, Russ is also a Certified Hazardous Materials Manager.
For more information about this final rule, contact Russ at (603) 888-2952 or RBoesch@stcenv.com.
