TCEQ Environmental Trade Fair Solvent-Contaminated Wipes Rule Cynthia Palomares, P.G., P.E. Waste Permits Division May 6, 2014 TCEQ Environmental Trade Fair Solvent-Contaminated Wipes Rule Cynthia Palomares, P.G., P.E. Waste Permits Division May 6, 2015 TCEQ logo in background throughout presentation

Topics to be covered “Rag Rule” New topics to be covered “Rag Rule” Photo of colorful rags

Purpose of the Rule To provide a consistent regulatory framework that is appropriate to the level of risk posed by solvent-contaminated wipes in a way that maintains protection of human health and the environment, while reducing overall compliance costs for industry. Purpose of the Rule To provide a consistent regulatory framework that is appropriate to the level of risk posed by solvent-contaminated wipes in a way that maintains protection of human health and the environment, while reducing overall compliance costs for industry. Photo of EPA logo

Specifically the rule includes: A conditional exclusion from the definition of solid waste for solvent-contaminated wipes sent for cleaning (“reusable wipes”) 40 CFR 261.4(a)(26) A conditional exclusion from the definition of hazardous waste for solvent-contaminated wipes sent for disposal (“disposable wipes”) 40 CFR 261.4(b)(18) Specifically the rule includes: 1. A conditional exclusion from the definition of solid waste for solvent-contaminated wipes sent for cleaning (“reusable wipes”) 40 CFR 261.4(a)(26) 2. A conditional exclusion from the definition of hazardous waste for solvent-contaminated wipes sent for disposal (“disposable wipes”) - 40 CFR 261.4(b)(18)

Status of EPA Final Rule Published on July 31, 2013, and became effective federally on January 31, 2014. Because the rule excludes solvent-contaminated wipes from RCRA hazardous waste regulation, the rule is considered less stringent than the base federal program. Status of EPA Final Rule Published on July 31, 2013, and became effective federally on January 31, 2014. Because the rule excludes solvent-contaminated wipes from RCRA hazardous waste regulation, the rule is considered less stringent than the base federal program Photo of Wipes Rule cover page

Status of Final Rule Authorized states have the option of whether or not to adopt the exclusions into their regulations. Published in TR on December 10, 2014 The rule went into effect on January 9, 2015 in Texas.. Status of Final Rule Authorized states have the option of whether or not to adopt the exclusions into their regulations. Published in TR on December 10, 2014 The rule went into effect on January 9, 2015 in Texas Photo of map of the United States with states in blue color that have adopted the rag rule

“Rag Rules” Federal Rules: 40 CFR §§261.4(a)(26) & 261.4(b)(18) State Rules: 30 TAC §§335.1(140)(A)(iv) & §335.29 and §335.504 “Rag Rules” Federal Rules: 40 CFR §§261.4(a)(26) & 261.4(b)(18) State Rules: 30 TAC §§335.1(140)(A)(iv) & §335.29 and §335.504

“Rag Rules” 30 TAC §335.1(140)(A)(iv) excludes certain rags/wipes from being a solid waste. 30 TAC §335.504 excludes certain rags/wipes from being a hazardous waste. “Rag Rules” 30 TAC Section 335.1(140)(A)(iv) excludes certain rags/wipes from being a solid waste. 30 TAC Sections 335.504 excludes certain rags/wipes from being a hazardous waste.

Details of the Final Rule - Scope The final rule provides a definition for “wipe” and “solvent-contaminated wipe” (§260.10) Wipe - means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material. Details of the Final Rule – Scope The final rule provides a definition for “wipe” and “solvent-contaminated wipe” (§260.10) Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material. Solvent-contaminated wipe means A wipe that, after use or after cleaning up a spill, either: Contains one or more of the F001 through F005 solvents; Exhibits a hazardous characteristic when that characteristic results from a listed solvent; or Exhibits only the hazardous waste characteristic of ignitability due to the presence of solvents that are not listed.

Details of the Final Rule - Scope Solvent-contaminated wipe - means A wipe that, after use or after cleaning up a spill, either: Contains one or more of the F001 through F005 solvents; Exhibits a hazardous characteristic when that characteristic results from a listed solvent; or Exhibits only the hazardous waste characteristic of ignitability due to the presence of solvents that are not listed. Details of the Final Rule – Scope The final rule provides a definition for “wipe” and “solvent-contaminated wipe” (§260.10) Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material. Solvent-contaminated wipe means A wipe that, after use or after cleaning up a spill, either: Contains one or more of the F001 through F005 solvents; Exhibits a hazardous characteristic when that characteristic results from a listed solvent; or Exhibits only the hazardous waste characteristic of ignitability due to the presence of solvents that are not listed.

Which Solvents? F001 – F005 listed solvents; The 20 “U or P listed” solvents found in 40 CFR Section 261.33; Those that are listed and which impart a characteristic to the wipe; and Those that are not listed and that impart the D001 characteristic to the wipe Which Solvents? A. F001 – F005 listed solvents; B. The 20 “U or P listed” solvents found in 40 CFR Section 261.33; C. Those that are listed and which impart a characteristic to the wipe; and D. Those that are not listed and that impart the D001 characteristic to the wipe

Details of the Final Rule - Scope 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. Details of the Final Rule – Scope 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.

Wipes Containing Solvents Table of Wipes containing one or more F001-F005 listed solvents

§335.1(140)(A)(iv) Reusable wipes - The rule applies only to wipes that are sent to be cleaned and then returned for reuse Must meet certain conditions §335.1(138)(A)(iv) The rule applies only to wipes that are cleaned and then returned for reuse and that meet certain conditions.

30 TAC §335.504 Disposable wipes - The rule applies only to wipes that are disposed Excludes disposable rags/wipes from being a hazardous waste. Must meet certain conditions 30 TAC 335.504 Disposable wipes - The rule applies only to wipes that are disposed Excludes disposable rags/wipes from being a hazardous waste. Must meet certain conditions

Conditions Storage Labeling Accumulation Time Limit No Free Liquids Recordkeeping Conditions Storage Labeling Accumulation Time Limit No Free Liquids Recordkeeping

Storage Wipes are accumulated, stored, and transported in containers that: Are able to contain any free liquids from the wipes; Remain closed except when necessary to add or remove wipes; and Storage and Labeling 1. Wipes are accumulated, stored, and transported in containers that: Are able to contain any free liquids from the wipes. B. Remained closed except when necessary to add or remove wipes.

Labeling Containers of solvent-contaminated wipes must be labeled “Excluded Solvent-Contaminated Wipes.” Containers must be labeled during accumulation, storage, and transportation. Labeling Containers of solvent-contaminated wipes must be labeled “Excluded Solvent-Contaminated Wipes.” Containers must be labeled during accumulation, storage, and transportation. Photo of Drum

Accumulation Time Limit Solvent contaminated wipes may be accumulated by generator for up to 180 days from the start date for each container prior. Generators must keep documentation that the 180-day accumulation time limit is being met. Accumulation Time Solvent contaminated wipes may be accumulated for up to 180 days from the start date for each container prior to being sent for cleaning. Generators must keep documentation that the 180-day accumulation time limit is being met. Photo of bucket with label “Excluded Solvent Contaminated Wipes”

No Free Liquids Solvent-contaminated wipes may not contain free liquids at the point of being sent for cleaning on site or sent off site for cleaning or disposal. “No free liquids” is defined in §260.10 and is determined using the Paint Filter Liquids Test (Method 9095B in SW-846). Paint Filter Liquids Test consists of placing a portion of the solvent-contaminated wipe in a paint filter and if any of the material passes through and drops from the filter within five minutes, the material is deemed to contain free liquids. No Free Liquids Solvent-contaminated wipes may not contain free liquids at the point of being sent for cleaning on site or sent off site for cleaning or disposal. “No free liquids” is defined in §260.10 and is determined using the Paint Filter Liquids Test (Method 9095B in SW-846). Paint Filter Liquids Test consists of placing a portion of the solvent-contaminated wipe in a paint filter and if any of the material passes through and drops from the filter within five minutes, the material is deemed to contain free liquids.

No Free Liquids Generators must document the process they are using to meet the “no free liquids” condition. Free liquid spent solvent that is removed from the wipes is subject to hazardous waste regulation. No Free Liquids Generators must document the process they are using to meet the “no free liquids” condition. Free liquid spent solvent that is removed from the wipes is subject to hazardous waste regulation.

Paint Filter Liquids Test Diagram of apparatus for Paint Filter Liquids Test

Recordkeeping Generator of wipes must maintain at their site the following documentation: Name and address of the destination facility (laundry, combustor or landfill); Proof that 180 day accumulation time limit is met; and Recordkeeping Generator of wipes must maintain at their site the following documentation: i. Name and address of the laundry/dry cleaner used; ii. Proof that 180 day accumulation time limit is met; and

Recordkeeping Description of the process used to ensure the no “Free liquids portion” of the rule is met Documentation Description of the process used to ensure the wipes contain no “Fee liquids potion” of the rule is met

Handling Facilities Reusable wipes must be sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 (effluent discharge restrictions) and 402 (permitting requirements) or section 307 (indirect discharge to a POTW) of the Clean Water Act. Handling Facilities Reusable wipes must be sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 (effluent discharge restrictions) and 402 (permitting requirements) or section 307 (indirect discharge to a POTW) of the Clean Water Act.

Handling Facilities Disposable wipes - must go to either: a combustor regulated under section 129 of the Clean Air Act or a hazardous waste combustor, boiler, or industrial furnace regulated under 40 CFR parts 264, 265, or 266 subpart H; or a municipal solid waste landfill regulated under 40 CFR part 258 or a hazardous waste landfill regulated under part 264 or 265. Handling Facilities Disposable wipes must go to either: a combustor regulated under section 129 of the Clean Air Act or a hazardous waste combustor, boiler, or industrial furnace regulated under 40 CFR parts 264, 265, or 266 subpart H; or a municipal solid waste landfill regulated under 40 CFR part 258 or a hazardous waste landfill regulated under part 264 or 265.

Handling Facilities Storage/labeling requirements continue to apply if solvent-contaminated wipes are stored at handlers. Any free liquids found by handling facilities must be removed and managed as hazardous waste. Handling Facilities Storage/labeling requirements continue to apply if solvent-contaminated wipes are stored at handlers. Any free liquids found by handling facilities must be removed and managed as hazardous waste.

How to Contact Us Cynthia Palomares, P.G., P.E. Texas Commission on Environmental Quality Industrial & Hazardous Waste Permits Section, P. O. Box 13087 MC-130 Austin, TX 78711-3087 Phone: 512-239-6079 Fax: 512-239-6383 E-Mail: Cynthia.Palomares@TCEQ.TEXAS.GOV In conclusion, our contact information is: Cynthia Palomares, P.G., P.E., TCEQ, Industrial and Hazardous Waste Permits Section, Mail Code 130, P.O. Box 13087, Austin, Texas 78711-3087. If you wish to reach us by telephone, FAX something to us of contact us E-mail, my telephone number is 512-239-6079 our FAX number is 512-239-6383, and my E-mail address is cynthia.palomares@TCEQ.TEXAS.GOV. The End