Conditional Exclusions for Solvent-Contaminated Wipes

In 2013, the Environmental Protection Agency (EPA) published a final rule that modified its hazardous waste management regulations for solvent-contaminated wipes under the Resource Conservation and Recovery Act (RCRA).

This rule revised the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused as well as the definition of hazardous waste to conditionally exclude disposable solvent-contaminated wipes. Although this rule has been in effect for over ten years, many businesses are still not aware of these changes and may be improperly disposing of their solvent-contaminated wipes.

For the purposes of this rule, EPA distinguishes between two categories of wipes: reusables, which are laundered and used again; and disposables, which are disposed of in a landfill or combustor. Thousands of facilities use wipes with solvents for cleaning and other purposes.

What Is a Solvent-Contaminated Wipe?

According to the EPA, a solvent-contaminated wipe is a wipe (i.e., a shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material) that, after use or after cleaning up a spill, contains a solvent that would be considered hazardous waste, either because it is listed in the hazardous waste regulations or because it exhibits the characteristic of ignitability.

Solvent-contaminated wipes do not include wipes contaminated with hazardous waste other than solvents, or that exhibit the characteristics of toxicity, corrosivity, or reactivity due to contaminants other than solvents.

Additionally, solvent-contaminated wipes must be managed according to specific standards to be excluded from the hazardous waste regulation. Wipes must be:

• Managed in closed, non-leaking containers that are labeled “Excluded Solvent-Contaminated Wipes.”
• Accumulated for no longer than 180 days.
• Rid of free liquids. Free liquid solvent may be evaporated or removed from the wipes (liquid must be managed as hazardous waste).

Generators must also keep certain documentation on site to ensure compliance is maintained.

The purpose of this final rule is to provide a consistent regulatory framework that is appropriate to the risk posed by solvent-contaminated wipes in a way that still protects human health and the environment while reducing overall compliance costs. Wipes that are managed under the final rule do not have to be tracked on a manifest and may be sent to non-hazardous waste handling facilities.

Summary

Under the final rule published in 2013:

• Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes (provided the conditions of the exclusion are met), and
• Solvent-contaminated wipes that are sent for disposal are not hazardous wastes (provided the conditions of the exclusion are met).

This includes:

• Wipes containing one or more F001-F005 listed solvents or the corresponding P- or U-listed solvents (29 CFR 261.31 and 261.33).
• Wipes that exhibit a hazardous characteristic resulting from a solvent listed in part 261.
• Wipes that exhibit only the hazardous characteristic of ignitability when containing one or more non-listed solvents.

The rule does not include wipes that:

• Contain listed hazardous waste other than solvents.
• Exhibit the characteristics of toxicity, corrosivity, or reactivity due to non-listed solvents or contaminants other than solvents.
• Are hazardous waste due to the presence of trichloroethylene.

Resources

This Solvent-Contaminated Wipes Final Rule Summary Chart contains guidance on the regulation and maintenance of solvent-contaminated wipes.

This link provides state-specific regulations on solvent-contaminated wipes and includes a map that shows which states have and have not adopted the final rule (last updated July 2024).

For assistance interpreting the 2013 final rule or maintaining your solvent-contaminated wipes, contact Walden’s EHS specialists at 860-846-4069.