David ShanksMid-America Environmental Compliance Conference

3 April 2014

Solvent Wipe Exclusion

Conditional exclusion from hazardous waste rules

Final rule 31July 2013 40 CFR 261.4

(a)(26) reused wipes (b)(18) disposable

Not effective in authorized states until adopted

Solvent Wipes that Qualify

“Shop towel, rag, pad, or swab” contaminated with: F001-F005 or

corresponding P- or U- listed solvents

TCLP solvents Unlisted but ignitable

(only) solvents

Wipes cannot be contaminated with: corrosives reactives non-solvent TCLP

materials such as○ Cr, Cd, Pb, Hg, Ag Will disqualify wipes

used on some wet coatings, inks & sealants

Accumulation Requirements Time limit:

May accumulate “up to 180 days from start date of accumulation for each container prior to being sent” for disposal/cleaning

No separate storage area timeframes

No free liquids in container (paint filter test)“…at the point of being transported for disposal

or cleaning”

Non-leaking closed container, marked “Excluded Solvent-Contaminated Wipes”

Closed ContainersHazardous Waste Rules Solvent Wipe Rule

40 CFR 265.173(a)

Container must be “closed” MO relies on 12/3/09 and

11/3/11 EPA Closed Container Guidance:○ For solvent-contaminated wipes

without free liquids: “…complete contact between the lid and the rim all the way around the top” pg. 11

KS guidance HW-2005-G1 ○ KDHE says it parallels federal

wipes rule, but beware of “end of shift” closure in HW-2005-G1

40 CFR 261.4(a)(26)(i) “…container is considered closed

when there is complete contact between the fitted lid and the rim…

…when wipes are no longer being accumulated or when the container is being transported, 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”

Disposal/Laundry RequirementsDisposable Wipes (cannot contain trichloroethylene)

Reusable Wipes

Regulated municipal (MSW) or hazardous waste landfill or

Regulated municipal, hazardous waste, or BIF combustor

Laundry or dry cleaning facility Any wastewater discharge

must be CWA-regulated State guidance documents

generally already required CWA regulated discharges ○ MO: hazardous waste

program publication 146 www.dnr.mo.gov/pubs/pub146.pdf

○ KS: HW-1995-G2

Other Disposal Options

Under this rule, generators are allowed to: Continue managing qualifying wipes on-site and

off-site as fully regulated hazardous waste, orManage wipes on-site under conditionally

excluded waste rules, but send them to a RCRA TSD facility. A viable option if:○ Company-specific disposal policy or practice

dictates TSDF disposal, or ○ Sanitary landfill or BIF operator does not accept

conditionally exempt solvent wipes- Kansas Tech. Guidance Doc. HW-1995-G2 lists 18 KS

municipal landfills that can accept disposable wipes

Paperwork

No hazardous waste manifest requiredDOT compliance

Virgin pre-moistened wipes are generally shipped as ORM-D Consumer Commodity.

Do used solvent wipes need shipping papers? Some used wipes may be “solids containing

flammable liquids, n.o.s.” Depends on solvent See 49 CFR 172.102, Special Provision 47

Paperwork

Recordkeeping for condition exemption: Name and address of receiving facility Description of process used to ensure no free

liquids at the point of being transported Documentation of compliance with 180 day time

limit Can take many forms, such as: service contract or

invoices that describe frequency of pickup, log of container start dates, or accumulation start date labels on each container. EPA preamble pg. 46459.

State Adoption

Effective in Iowa on federal rule effective date of Jan. 31, 2014

Authorized states can choose whether to adopt this federal exclusionKS adoption in work, but KDHE Mgt Policy 2013-P3

allows use of federal exclusion after Jan. 31, 2014MO: part of 2014 proposal package. Commission

approved necessity finding Feb. 20, 2014 NE plans to adopt, but March 2014 guidance says:

○ follow haz waste rules for disposables and NDEQ guidance for reusables (CWA & closed containers) until then

Elsewhere: final in FL, proposed in MS and IL

Environmental Protection EPA risk assessment work for MSW landfill

and combustor disposal was extensive○ First proposed 2003○ More detailed risk assessment and Notice of Data

Availability released in 2009Comments were extensive, due to battle between

industrial laundries and disposable wipe manufacturers over market share

○ Risk assessment updated in 2012. TCE risk re-evaluated.Result: lined sanitary landfills and MSW combustors

prevent migration/releases of solvent in used wipes (other than TCE)

Solvent Wipe Take-Aways

Watch for KS, MO, & NE rulemaking Consider whether the conditional exclusion is

worth the effort Not all wipes qualify For low volume shops, 180 day time limit may be less than your

present satellite area accumulation time Risk of employee confusion if an additional type of waste

management is in the same work area as ordinary hazardous waste

EPA estimated national cost saving: $21.7 to $27.8 million/year