Solvent-Contaminated Industrial Wipes

Highlights

NODA Extension of Comment Period - December 15, 2009
NODA and Request for Comment - October 27, 2009
Proposed Rule - November 20, 2003

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Solvent Contaminated Wipes Rule NODA Comment Period Extension

EPA is seeking comment on an updated risk analysis for solvent contaminated industrial wipes. Comments were originally due by December 28, 2009. We received a request to extend the comment period to allow time for stakeholders to review the available information. We also recently updated the contacts list we use to notify stakeholders when we publish Federal Register Notices about our rulemaking activities. This update adds more organizations, associations, and environmental justice groups. Expanding the contact list furthers EPA's communication goals for transparency and provides notice to a more diverse community of stakeholders allowing for more participation during the rulemaking process. Extending the comment period responds to the commenter’s request and allows the recent additions to our contact list time to comment on the risk analysis. Therefore, we have extended the comment period by 60 days to February 26, 2010. Comments may be submitted through Regulations.gov under Docket ID EPA-HQ-2003-0004.

Federal Register NODA; Extension of Comment Period - December 15, 2009

Solvent Contaminated Wipes Rule Notice of Data Availability (NODA) and Request for Comment

In response to the Solvent-Contaminated Industrial Wipes Rule proposed in 2003, EPA received comments questioning the validity of the risk screening analysis and the modeling assumptions used to support the proposal. To address those comments, EPA developed a revised risk analysis. This action presents the findings of and seeks comment on the new analysis.

The revised risk analysis includes an updated estimate of the quantity of solvents on wipes and in laundry sludge that may be disposed in municipal solid waste landfills and uses a more representative municipal solid waste landfill model. The revised risk analysis shows that 8 of the 20 solvents evaluated could pose risk to human health, at or above levels generally of concern, if disposed in an unlined municipal solid waste landfill. In a composite lined landfill, tetrachloroethylene showed a potential for human health risk at levels generally of concern when disposed wipes and laundry sludge are co-disposed.

EPA is seeking comment on the assumptions, data and methodology used in the new risk analysis. Comments are due December 28, 2009 and may be submitted through Regulations.gov. See the Federal Register notice for instructions on submitting comments.

Federal Registers

Extension of Comment Period - December 15, 2009
Notice of Data Availability Federal Register Notice - October 27, 2009
Press Release
Frequent Questions

Documents for Public Review and Comment - The 2009 Revised Risk Analysis and associated background information for public review and comment are available through Regulations.gov under Docket ID EPA-HQ-2003-0004 . Links to the three risk analysis documents and one document of appendices are below. (If necessary, scroll down the linked page to find the main document below the attachments.) Background references supporting these documents are other document ID numbers EPA-HQ-RCRA-2003-0004-0415 through EPA-HQ-RCRA-2003-0004-0440. (Click on the ID column to order the documents by ID number.)

EPA-RCRA-HQ-2003-0004-0441 - F001 – F005 Solvent-Contaminated Wipes and Laundry Sludge: Comparison of Landfill Loading Calculations and Risk-Based Mass Loading Limits (August 2009)
EPA-RCRA-HQ-2003-0004-0438 - Risk-Based Mass Loading Limits for Solvents in Disposed Wipes and Laundry Sludges Managed in Municipal Landfills (October 2009)
EPA-RCRA-HQ-2003-0004-0438.1 - Appendices to Risk-Based Mass Loading Limits for Solvents in Disposed Wipes and Laundry Sludges Managed in Municipal Landfills
EPA-HQ-RCRA-2003-0004-0435 - Landfill Loadings Calculations for Disposed Solvent-Contaminated Wipes and Laundry Sludge Managed in Municipal Landfills – Final (October 2008)

The mathematical models and input/output files are available upon request by requesting them through our Find An Answer page.

Peer Review Documents for 2009 Risk Analysis

Supporting Information for Rulemaking - Supporting information for the Solvent-Contaminated Wipes Rulemaking is available through Regulations.gov under Docket ID EPA-HQ-2003-0004. This includes:

2003 Proposed Regulation
2003 Proposal Background (4 pp, 44K)
1999 Risk Analysis Supporting the 2003 Proposed Regulation
Peer Reviews of the 1999 Risk Analysis

Public Comments on the 2003 Proposed Regulation (various, see Docket)
Other supporting information (various, see Docket)

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Conditional Exclusions from Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes; Proposed Rule - November 20, 2003

EPA proposed to modify its hazardous waste management regulations under the Resource Conservation and Recovery Act for certain solvent-contaminated materials, such as reusable shop towels, rags, disposable wipes and paper towels. Specifically, EPA proposed to:

Conditionally exclude from the definition of hazardous waste disposable industrial wipes that are contaminated with hazardous solvents and are going to disposal and,
Conditionally exclude from the definition of solid waste reusable industrial shop towels and rags that are contaminated with hazardous solvents and are sent for laundering or dry cleaning (hereinafter referred to as disposable industrial wipes and reusable industrial wipes, respectively).

This proposal affects contaminated industrial wipes being sent to both landfill and non-landfill (e.g., laundries and combustion) facilities and is applicable to: industrial wipes exhibiting a hazardous characteristic (i.e., ignitability, corrosivity, reactivity, or toxicity) due to use with solvents; or industrial wipes contaminated with F001-F005 spent F-listed solvents or comparable P- and U-listed commercial chemical products that are spilled and cleaned up with industrial wipes.

This proposal would resolve, at the federal level, long-standing issues associated with the management of solvent-contaminated industrial wipes by:

Facilitating pollution prevention and waste minimization opportunities, including the recycling of the spent solvents extracted from contaminated industrial wipes;
Fostering improved solvents management by generators and handling facilities;
Reducing compliance costs;
Increasing consistency in the regulations governing solvent-contaminated industrial wipes across the United States;
Clarifying existing federal rules; and
Creating flexibility for generators to work with industrial laundries, as appropriate, to ensure compliance with local pretreatment standards established by Publicly Owned Treatment Works (POTWs).

Additionally, the proposal contains the Agency's proposed response to rulemaking petitions filed by the Kimberly-Clark Corporation and the Scott Paper Company.

Supporting information for this notice is available under Docket ID EPA-HQ-RCRA-2003-0004.