EPA Conditionally Excludes Solvent Wipes

EPA 07-31 FR exclude solvent wipes.pdf

On July 31, 2013 (78 FR 46448), the Environmental Protection Agency (EPA) published a final ruling to conditionally exclude solvent-contaminated wipes used for cleaning purposes from the definition of solid waste in 40 CFR 261.4(a)(26) for wipes cleaned and reused, or “reusable wipes;” and the definition of hazardous waste in 40 CFR 261.4(b)(18) for discarded wipes, or “disposable wipes.” The exclusions are only applicable to the solvent-contaminated wipes themselves. Generators and handlers will be responsible to ensure the wipes meet all the conditions of these exclusions, which include container standards, labeling, accumulation time limits and recordkeeping. Additionally, any spent solvent free liquids would still be considered solid waste and potentially subject to the hazardous waste regulations under RCRA Subtitle C upon removal from the solvent-contaminated wipe or from the container holding the wipes. Also, the exclusions are not applicable to wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity or reactivity due to contaminants other than solvents (such as metals). Furthermore, solvent-contaminated disposable wipes that are hazardous waste due to the presence of trichloroethylene are not eligible for the exclusion from hazardous waste and remain subject to all applicable hazardous waste regulations. The effective date for this final rule is January 31, 2014.