Obama Administration EPA May Reverse Agency Position on Industrial Wipes

October 15, 2009 the Obama Administration EPA took steps which appear to set the stage for a reversal of a proposed rule exempting industrial wipes from classification as hazardous waste. November 20, 2003, the Bush Administration EPA proposed to conditionally exclude from the definition of solid wastes, and therefore classification as hazardous waste, reusable shop towels, rags, disposable wipes, and paper towels (collectively referred to as "wipes")to be disposed of or sent for cleaning. The 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, corrosiveness, 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. The classification of solvent contaminated industrial wipes as hazardous waste had led to complex and absurd distinctions. For example if a wipe was sprayed with a solvent and then used for cleaning it would not be classifiable as an F001-F005 hazardous waste, but if the surface to be cleaned were sprayed with the same solvent prior to wiping the wipe would be characterized as a F001- F005 hazardous waste.  

Because of risk concerns, EPA'S 2003 proposal did provide that industrial wipes contaminated with benzene; carbon tetrachloride; chlorobenzene; cresols (o, m, p); methyl ethyl ketone (MEK); trichloroethylene; 2-nitropropane; nitrobenzene; pyridine; tetrachlroethylene; and methylene chloride cannot be disposed in municipal or other non-hazardous waste landfills. 

Now EPA has conducted a revised risk analysis, which was peer reviewed, of updated data and information, including the use of a newly developed landfill model. The revised risk analysis shows that 8 of the 20 solvents evaluated could pose a potential health risk if disposed of in an unlined municipal solid waste landfill. The revised risk analysis also shows one (tetrachloroethylene) of the 20 solvents evaluated has a potential health risk if the wipes or laundry sludge are disposed in a composite lined landfill.  

The public comment period on the revised risk analysis will be open for 60 days after the notice is published in the Federal Register.  

This article was authored by Barbara D. Little, Jackson Kelly PLLC. For more information on the author see here.