RCRA REVISION CHECKLIST 229

Conditional Exclusions for Solvent Contaminated Wipes
78 FR 46448-46485
	July 31, 2013
	(RCRA Cluster XXIII, Non-HSWA)

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

	
FEDERAL REQUIREMENTS	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
				
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	
	PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	
	SUBPART B DEFINITIONS	
	DEFINITIONS	
	No free liquids, as used in 40 CFR 261.4(a)(26) and 40 CFR 261.4(b)(18), means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test), included in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” (EPA Publication SW-846), which is incorporated by reference, 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 authorized state.	260.10 “no free liquids”						
	Solvent-contaminated wipe means (1) a wipe that, after use or after cleaning up a spill, either (i) 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; (ii) Exhibits a hazardous characteristic found in 40 CFR part 261 subpart C when that characteristic results from a solvent listed in 40 CFR part 261; and/or (iii) Exhibits only the hazardous waste characteristic of ignitability found in 40 CFR 261.21 due to the presence of one or more solvents that are not listed in 40 CFR part 261. (2) Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at 40 CFR 261.4(a)(26) and 40 CFR 261.4(b)(18).	260.10 “Solvent-contaminated wipe”						
	Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.	260.10 “wipe”						
	PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	
	SUBPART A GENERAL	
	Add new paragraph by adding “Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that ”	261.4(a)(26)						
	The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled “Excluded Solvent-Contaminated Wipes.” The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated 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;	261.4(a)(26)(i)						
	The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning;	261.4(a)(26)(ii)						
	At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes must contain no free liquids as defined in section 260.10.	261.4(a)(26)(iii)						
	Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in 40 CFR parts 260 through 273;	261.4(a)(26)(iv)						
	Generators must maintain at their site the following documentation:	261.4(a)(26)(v)						
	Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;	261.4(a)(26)(v)(A)						
	Documentation that the 180-day accumulation time limit in 40 CFR 261.4(a)(26)(ii) is being met;	261.4(a)(26)(v)(B)						
	Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning;	261.4(a)(26)(v)(C)						
	The solvent-contaminated wipes are 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.”	261.4(a)(26)(vi)						
	Add new paragraph by adding ”Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous wastes from the point of generation provided that	261.4(b)(18)						
	The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled “Excluded Solvent-Contaminated Wipes.” The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated 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;	261.4(b)(18)(i)						
	The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for disposal;	261.4(b)(18)(ii)						
	At the point of being transported for disposal, the solvent-contaminated wipes must contain no free liquids as defined in section 260.10.	261.4(b)(18)(iii)						
	Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in 40 CFR parts 260 through 273;	261.4(b)(18)(iv)						
	Generators must maintain at their site the following documentation:	261.4(b)(18)(v)						
	Name and address of the landfill or combustor that is receiving the solvent-contaminated wipes;	261.4(b)(18)(v)(A)						
	Documentation that the 180 day accumulation time limit in 40 CFR 261.4(b)(18)(ii) is being met;	261.4(b)(18)(v)(B)						
	Description of the process the generator is using to ensure solvent-contaminated wipes contain no free liquids at the point of being transported for disposal;	261.4(b)(18)(v)(C)						
	The solvent-contaminated wipes are sent for disposal	261.4(b)(18)(vi)						
	To a municipal solid waste landfill regulated under 40 CFR part 258, including 40 CFR 258.40, or to a hazardous waste landfill regulated under 40 CFR parts 264 or 265; or	261.4(b)(18)(vi)(A)						
	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 parts 264, 265, or 266 subpart H.”	261.4(b)(18)(vi)(B)