1. 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

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

3. 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

4. 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)

5. 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

6. 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

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

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

9. 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.

10. 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.

11. Which Solvents? F001 – F005 listed solvents;
The 20 “U or P listed” solvents found in 40 CFR Section ;
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 ;
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

12. 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.

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

14. §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.

15. 30 TAC §
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
Disposable wipes - The rule applies only to wipes that are disposed
Excludes disposable rags/wipes from being a hazardous waste.
Must meet certain conditions

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

17. 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.

18. 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

19. 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”

20. 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 § 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 § 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.

21. 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.

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

23. 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

24. 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

25. 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.

26. 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.

27. 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.

28. How to Contact Us Cynthia Palomares, P.G., P.E.
Texas Commission on Environmental Quality
Industrial & Hazardous Waste Permits Section,
P. O. Box MC-130
Austin, TX
Phone:
Fax:
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
If you wish to reach us by telephone, FAX something to us of contact us , my telephone number is our FAX number is , and my address is
The End