Technical Background Document Proposed Exclusions from the Definition of Hazardous Waste and Solid Waste for Solvent Contaminated Industrial Wipes August 20, 2003 Contents List of Acronyms Used....................................................................... 3 I Statement of Purpose........................................................................ 5 II Characteristics of Waste and Waste Handlers................................. 16 III Current Regulatory Environment...................................................... 29 IV Provisions of the Proposed Rule...................................................... 45 V Summary of Risk Screening Analysis............................................... 86 VI References..................................................................................... 138 3 ACRONYMS 4 Acronym Definition APA ............................................................ ASTSWMO.............................................. ...

ATCA....................................................... ... BIF............................................................ .. BRS.......................................................... ... CAA.......................................................... .. CAS No....................................................... CBI........................................................... ... CESQG..................................................... .. CFR.......................................................... ... CSF........................................................... .. CSI............................................................ .. CWA......................................................... .. DAF.......................................................... ... DOT.......................................................... .. DSS........................................................... .. ELG.......................................................... ... EPA.......................................................... ... FR.......................................................... ...... HAP.......................................................... ... HCS.......................................................... ... HSWA...................................................... ... HQ............................................................ ... HWC......................................................... .. Administrative Procedures Act Association of State and Territorial Solid Waste Management Officials Alliance of Textile Care Associations Boiler or Industrial Furnace Biennial Report System Clean Air Act Chemical Abstracts Service Registry Number Confidential Business Information Conditionally Exempt Small Quantity Generator Code of Federal Regulations Cancer Slope Factor Common Sense Initiative Clean Water Act Dilution Attenuation Factor Department of Transportation Domestic Sewage Study Effluent Limitation Guidelines Environmental Protection Agency Federal Register Hazardous Air Pollutants Hazard Communication Standard Hazardous and Solid Waste Amendments Hazard Quotient Hazardous Waste Combustor Information Collection Request Integrated Risk Information System Integrated Waste Services Association Land Disposal Restrictions Large Quantity Generator Maximum Achievable Control Technology Methyl Isobutyl Ketone Material Data Safety Sheet Municipal Solid Waste Municipal Solid Waste Landfill Municipal Waste Combustor National Ambient Air Quality Standards National Emission Standards for Hazardous Air Pollutants National Fire Incident Reporting System National Pollution Discharge Elimination System Natural Resources Defense Council Acronym Definition 5 NSPS........................................................ ... NTTAA..................................................... .. OECA....................................................... ... OMB......................................................... .. OPPE........................................................ ... OSHA....................................................... ... OSW......................................................... ... PBMS....................................................... ... PCB.......................................................... ... POTW....................................................... .. RCRA....................................................... ... RFA.......................................................... ... RfC........................................................... ... RfD........................................................... ... RIC........................................................... ... SBREFA................................................... .. SIC............................................................ .. SQG.......................................................... ... TC............................................................. .. TCLP........................................................ ... TBD.......................................................... ... TDD.......................................................... .. UMRA...................................................... ... URF.......................................................... ... New Source Performance Standards National Technology Transfer and Advancement Act Office of Enforcement and Compliance Assurance Office of Management and Budget Office of Policy, Planning and Evaluation Occupational Safety and Health Administration Office of Solid Waste Performance Based Measurement System Polychlorinated Biphenyls Publicly Owned Treatment Works Resource Conservation and Recovery Act Regulatory Flexibility Act Reference Air Concentrations Reference Doses for Exposure through Ingestion RCRA Information Center Small Business Regulatory Enforcement Fairness Act Standard Industry Code Small Quantity Generator Toxicity Characteristic Toxicity Characteristic Leaching Procedure Technical Background Document Telecommunications Device for the Deaf Unfunded Mandates Reform Act Unit Risk Factor United States Fire Administration Volatile Organic Compound 6 Technical Background Document for Proposed Rule to Conditionally Exclude Solvent Contaminated Industrial Wipes from the Definition od Hazardous Waste and the Definition of Solid Waste I. Statement of Problem I. A. Background The Environmental Protection Agency ( EPA) is proposing to amend its regulations under the Resource Conservation and Recovery Act ( RCRA). The proposal is ( 1) to conditionally exclude from the definition of hazardous waste disposable industrial wipes that are contaminated with hazardous solvents and are going to disposal, and ( 2) to conditionally exclude from the definition of solid waste reusable industrial shop towels and rags that are contaminated with hazardous solvents and are sent for laundering or dry cleaning. The affected universe of waste for this proposed rule encompasses disposable and reusable industrial wipes ( e. g., towels, wipes, rags) that industry uses to clean surfaces, parts, accessories, and equipment in conjunction with solvents that when spent are hazardous wastes. Industrial wipes are distinguished by their respective make up, durability, uses, and disposal method. Once industrial wipes are used and are no longer suitable for their intended purpose, they become solid wastes and potentially hazardous wastes, depending upon the type of solvent used in conjunction with the wipes.

Many solvents used by industry can pose unacceptable risks to human health and the environment if improperly managed. The proposed conditional exclusions will apply to ( 1) industrial wipes contaminated with solvents that exhibit a hazardous characteristic ( i. e., 7 ignitability, corrosivity, reactivity, or toxicity) and ( 2) 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.

Essentially, EPA is proposing to exclude industrial wipes contaminated with solvents that are determined to be a hazardous waste from RCRA subtitle C regulations. The exclusions would be applicable only when specified conditions are met. This proposal responds to two manufacturer petitions as well as requests for regulatory clarification from the user community, particularly from industry representatives in EPA's Printing Common Sense Initiative ( CSI).

I. A. 1. Descriptions and Definitions of Affected Wastes For purposes of this document and the Agency's proposed rule, we will use the term " industrial wipes" to refer to the following types of wipes and cloths:

An industrial shop towel is a woven textile consisting of cotton or polyester blends. These materials are reusable items and are primarily laundered or dry cleaned a number of times before they have outlived their useful life and must be discarded. Shop towels are rented by industrial laundries to manufacturing, automotive, chemical, and other similar facilities to use for heavy duty cleaning and wiping. Soiled shop towels are either washed or dry cleaned at commercial laundry facilities.

An industrial wipe is a non woven towel consisting of wood pulp, polyester blends or 100 percent polypropylene. These materials come in all sizes and thicknesses. They generally are designed for one time use and are used to wipe small quantities of solvents off hands, tools, equipment, or floors.

An industrial rag is a non homogeneous material consisting of cotton or polyester blends. Rags are made from old clothing or from cloth remnants from textile mills, and vary in size and type of fabric.

Paper towels also are sometimes used in conjunction with solvents in the workplace. These materials are made from wood pulp with binders.

I. A. 2. Description of Affected Universe When investigating current management practices for solvent contaminated industrial wipes, EPA found tremendous variability in the uses of industrial wipes and their management across and within industries. A wide range of industries and a large number of firms use significant amounts of solvents on industrial wipes and could be eligible for and subject to the conditions of the proposed exclusions. Some of these industrial sectors include printing manufacturing; industrial laundries; automobile repair and maintenance; aircraft manufacturing and maintenance, circuit board manufacturing; furniture manufacturing; and coating and adhesive testing and production. These industries use a range of solvents and varying types of industrial wipes at their facilities. Chapter II of this document summarizes the Agency's current information on the types of establishments that use reusable or disposable industrial wipes in conjunction with solvents. 8 The types of facilities visited during the data gathering efforts of this proposed rule included printing ( flexographic and screen printing), automobile body repair, aircraft manufacturing and maintenance, circuit board manufacturing, and coating and adhesive testing and production. Other industrial sectors that use significant quantities of solvents in conjunction with industrial wipes include furniture manufacturing and automobile manufacturing and maintenance. From site visits conducted at 17 facilities, including nine sites where data was collected, EPA determined the following:

The RCRA regulatory status of facilities visited included small quantity generators ( SQGs) and large quantity generators ( LQGs). In some cases, solventcontaminated industrial wipes appeared to be the primary basis for a facility being classified as an SQG rather than a Conditioanlly Exempt Small Quantity Generator ( CESQG).

Reusable industrial wipes, disposable paper and disposable cloth wipes all were found to be used in the site visits; sometimes firms used both reusable shop towels and disposable industrial wipes in their operations.

Approximately half the facilities visited reported using their wipes more than once before discarding and sending them for off site management.

The amount of solvent placed on individual wipes varied from very small amounts ( a fraction of shop towel/ wipe weight) to multiples of the wipe's weight.

Reusable and disposable industrial wipes were managed off site at hazardous waste treatment ( incineration) facilities, fuel blending/ burning for energy recovery facilities, and disposal facilities, as well as municipal landfills, industrial landfills and industrial laundries.

Storage of spent reusable and disposable industrial wipes occurred in either RCRA compliant covered storage containers, open containers, porous bags or on shelves.

Advanced solvent extraction technologies EPA observed included centrifugation, mechanical wringing and use of screen bottom drums. These technologies are used by generators to remove solvent primarily from reusable industrial wipes ( but are also used with disposable industrial wipes) to ensure that free liquids are not sent off site to an industrial laundry, as well as to assist industrial laundries in meeting their permit conditions from the local POTW.

Most of the facilities visited had state or county air permits.

I. B. Overview of Current Regulations The applicability of the RCRA hazardous waste management standards to solventcontaminated industrial wipes has been the subject of changing regulatory interpretations. 9 I. B. 1. Current Federal Regulations Under the federal RCRA program, a solid waste is a hazardous waste if it ( a) is listed as a hazardous waste in 40 CFR Part 261, subpart D; ( b) exhibits one or more of the characteristics of hazardous waste identified in 40 CFR Part 261, subpart C; ( c) is a mixture of a solid waste and a hazardous waste that is listed in subpart D; or ( d) is a mixture of a solid waste and a characteristic hazardous waste ( or a listed hazardous waste that is listed solely because it exhibits one or more of the characteristics of hazardous waste identified in Part 261 subpart C), unless the resultant mixture no longer exhibits any characteristic of hazardous waste identified in subpart C ( See 40 CFR 261.3( a)( 2)).

Therefore, solvent contaminated industrial wipes meet the definition of hazardous waste due to the applicability of the hazardous waste mixture rule or because they exhibit a characteristic of hazardous waste. The current federal policy is to defer the determination of whether solvent contaminated industrial wipes must be managed as a solid or hazardous waste to the regional EPA offices and state agencies due to case specific circumstances ( e. g., type of solvent used, degree of hazard, when a spent solvent is generated, and whether the hazardous waste mixture rule applies to a particular waste). The federal policy deferring the regulatory determination for solvent contaminated industrial wipes was first articulated in a January 23, 1991 letter from Sylvia K. Lowrance, Director, Office of Solid Waste, to Lance R. Miller, Director of New Jersey's Hazardous Waste Management Division. Ms. Lowrance responded to a petition from Kimberly Clark Corporation and Scott Paper Company, stating that until EPA could make a " more comprehensive interpretation in this rulemaking context [ solvent contaminated industrial wipes]  Regions and States [ should] continue to use the current case by case approach on this subject." This policy was reaffirmed in a February 14, 1994 memorandum to the EPA Regional Waste Management Directors from Michael Shapiro, Director, Office of Solid Waste.

A majority of states have developed their own policies governing the management of solvent contaminated industrial wipes ( pending EPA action). However, a few states have deferred regulatory decisions regarding the management of solvent contaminated industrial wipes to their respective EPA regional offices.

I. B. 2. State Regulations The majority of states have developed management requirements for solventcontaminated industrial wipes; the remaining states have deferred such decisions to their EPA regions. A review of state policies regarding the regulation of solvent contaminated industrial wipes indicates that most states have similar management requirements in place. The majority of states have policies that generally apply the hazardous waste mixture rule to disposable industrial wipes that are contaminated with hazardous waste solvents.

Currently, all states regulate industrial wipes as a hazardous waste when they are contaminated with a listed solvent or exhibit a hazardous waste characteristic and are destined for disposal. Forty six states provide regulatory relief for solvent contaminated shop towels that are 10 sent to an industrial laundry and subsequently reused. The remaining four states ( Hawaii, Idaho, New Mexico and South Dakota) regulate reusable solvent contaminated shop towels as hazardous waste if they contain a listed hazardous waste or exhibit a hazardous waste characteristic, regardless of whether the towels are being laundered.

The majority of state programs consider laundering to be a form of recycling and subsequently exempt reusable shop towels from RCRA regulation. Other states provide conditional exclusions from the hazardous waste regulations for laundered shop towels. In either case, the contaminated shop towels only are exempt from regulation if the following criteria are met:

the towels/ wipes do not contain free liquids; and

the industrial laundry discharges to a publicly owned treatment works ( POTW) or is otherwise permitted under the Clean Water Act.

Some states allow on site laundering of solvent contaminated shop towels by generators, provided that there is an agreement on file with the state agency that allows the facility to discharge to the sanitary sewer. In addition, at least three states require contractual agreements between generators and laundries for the generator to qualify for an exemption from RCRA regulation. In most cases, state and regional policies and regulatory programs differentiate between reusable and disposable industrial cloths when determining regulatory status.

While the majority of state policies include the above mentioned policies and regulatory components, there are some notable variations such as Hawaii, New Mexico, Idaho, and South Dakota. In Hawaii, solvent contaminated industrial wipes must be managed as hazardous waste up until the point at which they are laundered. Industrial laundries in New Mexico are subject to permitting requirements unless the towels are placed directly into the laundry process ( i. e., within 24 hours). In Idaho, industrial wipes must be managed as hazardous waste if they are contaminated with a listed waste or exhibit a characteristic. Reusable towels cannot be laundered unless they are treated to meet the specified LDR treatment standard for the wastes with which they are contaminated. Finally, South Dakota requires that if a listed solvent is applied to a part and then cleaned off with a wipe, the wipe is considered to be a listed hazardous waste ( because the solvent is " spent"), must be managed as a hazardous waste, and cannot be laundered. Similarly, if the solvent contaminated industrial wipe exhibits a characteristic, the material is hazardous and cannot be laundered. However, if the wipe is contaminated with a listed solvent that was applied directly to the wipe, the wipe is not considered to meet a hazardous waste listing description and can be laundered without being managed as a hazardous waste. A more detailed discussion of state regulatory programs governing solvent contaminated industrial wipes is provided in section III.

I. C. Scope of Wastes Included in Proposed Rule The scope of the proposed rulemaking includes the universe of contaminated industrial wipes being sent to both landfill and non landfill ( e. g., laundries and combustion) facilities and is applicable to industrial wipes ( 1) contaminated with solvents that exhibit a hazardous characteristic and ( 2) contaminated with F001 F005 spent F listed hazardous waste solvents or comparable P or U listed commercial chemical products when spilled and cleaned up with 11 industrial wipes.

I. D. Rationale for Proposed Rule I. D. 1. Current Regulatory Program Based upon Policy/ Regulatory Interpretation For several years, industry, particularly the disposable industrial wipes industry, requested that EPA address the issue of whether the current federal rules are over regulating the management of solvent contaminated industrial wipes that are disposed. More specifically, industry has expressed concern that often only small amounts of solvent are applied to a wipe, and, therefore, by the time the wipe is disposed, little or no risks to human health and the environment exist from management of the wipe because little solvent remains on the wipe. However, as described above, these wipes may be regulated as a hazardous waste because they contain a listed hazardous solvent. Under their own policies, most states subject disposable industrial wipes contaminated with hazardous waste solvents to the hazardous waste mixture rule and require that they be managed as hazardous waste if the mixture is defined under RCRA as a hazardous waste.

The feedback that EPA received on this issue as part of regulatory reform outreach efforts and from industry representatives in the Printing CSI encourages the Agency to address the regulatory status of solvent contaminated industrial wipes within the context of the federal RCRA program, and to determine whether changes in the federal regulatory program governing the management of these materials are appropriate.

EPA framed its study of solvent contaminated industrial wipes to answer the following questions and to develop a proposed regulation that would address the issues raised by stakeholders. The primary concern was whether EPA and the states are regulating disposable and reusable industrial wipes effectively to ensure protection of human health and the environment. The following questions were integral to the development of the proposed rulemaking:

Are solvent contaminated industrial wipes over regulated in some cases?

How can EPA improve on current regulations and policies affecting solventcontaminated industrial wipes?

What environmental policies does EPA want to pursue to derive better waste management and environmental results for solvent contaminated industrial wipes?

I. D. 2. Petitions In 1985, Kimberly Clark Corporation filed a petition with EPA requesting that the Agency exclude disposable solvent contaminated industrial wipes from regulation as a hazardous waste under subtitle C of RCRA. Kimberly Clark and Scott Paper Company submitted data to EPA to help support a conclusion that little risk to human health and the environment exists from the disposal of solvent contaminated industrial wipes. Kimberly Clark asserted the following in its petition:

Disposable industrial wipes contaminated with certain solvents listed in Subpart D of Part 261 may be considered a hazardous waste pursuant to the mixture rule ( See 40 CFR 12 261.3( a) ( 2) ( iv).... Kimberly Clark believes that solvent contaminated disposable industrial wipes do not present any meaningful environmental hazards when disposed of as part of the regular, non hazardous solid waste stream. Indeed, we believe that subjecting such contaminated disposable industrial wipes to regulation as a hazardous waste would [ not] result in increased environmental hazard. Therefore, we believe that disposable industrial wipes contaminated with solvents need not and should not be regulated as a hazardous waste.

In addition, to support its petition, Kimberly Clark made four main points:

( 1) The amount of solvent contained in disposable solvent contaminated industrial wipes is insignificant. The petition estimated that the amount of solvent contained in the wipes represented less than .032 percent ( 7.1 million pounds or approximately 1 million gallons) of the total volume of solvent waste disposed annually;

( 2) Virtually no solvent would be added to subtitle D landfills as a result of an exclusion;

( 3) Solvent contaminated industrial wipes do not exhibit any of the characteristics of hazardous waste; and ( 4) Disposable solvent contaminated industrial wipes are not capable of posing a substantial present or potential hazard to human health and the environment even if improperly managed because the small quantity of solvent contained in disposable wipes that are contaminated as a result of normal use is likely to evaporate before disposal in a landfill Therefore, disposable wipes pose no threat to groundwater. In addition no damage cases have been reported from improper handling of these materials.

A second petition was submitted to EPA by Scott Paper Company, another manufacturer of disposable wipes, on May 27, 1987. Scott Paper's petition made virtually all of the same points as Kimberly Clark with the following additions:

( 1) The commercial disposable wipe market consists of about ten million cases of wipes per year used by approximately one million businesses;

( 2) In a typical commercial establishment, soiled wipes comprise approximately one percent of the total annual solid waste stream and that only a small percentage of soiled wipes are contaminated with hazardous waste;

( 3) The principal methods of disposal include incineration and land disposal. Because wipes are made of cellulosic material ( i. e., wood fiber), they contribute significant heat value and therefore are frequently incinerated. The petition states, " a modern incinerator tends to destroy the material held by the disposable wipe. Incineration is an excellent treatment for destroying cellulosic towels and solvents and such wastes are beneficial to the operation of incinerators;"

( 4) Contaminated disposable wipes are handled in a manner that prevents release of hazardous waste to the environment. They are stored for short periods, are picked up regularly by solid waste transporters, are transported relatively short distances ( i. e., 50 miles or less), and are 13 disposed quickly.

A third petition was submitted to EPA by the now defunct Alliance of Textile Care Associations ( ATCA), on March 10, 1987. ATCA also requested an exclusion from RCRA regulation and emphasized that its member companies recycle their solvent contaminated textiles through laundering or dry cleaning. These soiled textiles are typically accumulated by generators in 55 gallon drums; the drums are picked up weekly by laundry service trucks and transported relatively short distances to the laundry or dry cleaning facilities; the textiles are held ( stored) for only short periods of time ( 48 hours) before cleaning; and after cleaning, the textiles are returned to the client for reuse. In 2000, the Uniform Textile Services Association, formerly a member of ATCA, requested EPA to remove this petition from consideration.

I. D. 3. Risks/ Damages I. D. 3. a. Risk Analyses Prior to developing the proposed rule for solvent contaminated industrial wipes, EPA conducted a risk screening analysis to identify potential risks to human health from the management of solvent contaminated industrial wipes. A summary of the results of the Agency's risk screening analyses is provided below. More detailed information on the results of these risk analyses is presented in section V of this document and in " Risk from the Disposal of Solvent Contaminated Shop Towels and Wipes in Municipal Landfills," October, 1998.

EPA conducted a risk screening analysis to better understand the risks from disposal of solvent contaminated industrial wipes in a landfill. The purpose of the risk screening analysis was to determine constituent specific risks from the disposal of solvent contaminated industrial wipes in a municipal solid waste landfill. The results of the risk assessment can be applied to the following questions: ( 1) which constituents present the most risk? ( 2) using reasonable assumptions, do circumstances exist where disposables can be managed in landfills and result in negligible risk? and ( 3) can the quantity of solvent resulting in negligible risk be quantified?

The results of the risk screening analysis included the identification of F listed solvents that could be disposed in a municipal solid waste landfill without posing an unacceptable risk. This evaluation was conducted for the 30 constituents that are part of the F001 to F005 hazardous waste listings. The risk analysis results show that 11 of the compounds may present risk using certain disposal assumptions, while 19 of the compounds did not present a risk using the methodology employed.

EPA estimated the daily F listed sludge residue loadings from industrial laundry wastewater treatment processes using a different approach. EPA's Office of Water conducted sampling at numerous industrial laundries as part of effluent guidelines development for the 1997 proposed rule. Using concentrations of the 30 F listed solvents in washwater from industrial laundry processes, EPA first estimated the amount of F listed solvent that could be contained in the sludge using a mass balance model that also accounted for emissions to the air and water ( e. g., by a public sewer). Since the washwater concentration data was limited to only 11 F listed solvents, EPA made assumptions for the other 19 F listed solvents using the maximum concentration found for one of the solvents, methyl ethyl ketone ( MEK). MEK was selected 14 because it is a frequently used solvent and other solvents would be expected to be present at levels no higher than for MEK. EPA then repeated the same comparative analysis as above to determine which solvent sludge residues could be disposed in a municipal landfill without posing a significant risk to human health and the envirnoment. No solvents posed a problem, except 2 nitropropane, which has not been found in use by any generator.

With respect to ash from combustion units containing solvent residues, EPA used assumptions consistent with those outlined above for the direct landfilling of disposable wipes to first derive total daily loadings to a municipal waste combustor. EPA then assumed a 99.99 percent destruction rate to derive a landfill loading for each of 30 F listed solvents. As with the above landfill analysis, EPA compared the estimated total daily landfill loadings to the risk loading threshold to determine which F listed solvents could be managed in a municipal waste combustor, with ash subsequently disposed in a municipal landfill, without posing a significant risk to human health and the environment. No solvents were found to pose a problem.

In addition, EPA examined the ecological risks from exposure to ten F listed solvent constituents for which ecological benchmark data was available.

Conducting the above risk screening analyses required the use of numerous assumptions and estimations. These included how many industrial wipes are used annually; how much solvent is contained on each wipe; how the solvent contaminated industrial wipes, ash or sludges behave once in the landfill; and what levels of solvent may pose a risk to human health. In conducting these analyses, EPA sometimes used conservative assumptions to account for a lack of data and possible inaccuracies in the existing data. More details about these assumptions and the reasons for them are discussed in section V.

I. D. 3. b. Summary Results indicate that solvent contaminated industrial wipes do not pose an air emissions problem when managed in a municipal solid waste landfill ( MSWLF) or municipal waste combustor. However, after conducting a risk screening analysis of the potential risks associated with disposing solvent contaminated industrial wipes in a municipal solid waste landfill, the Agency concludes that 11 F listed solvents used in conjunction with disposables could pose potential health risks at levels of concern. Surface water runoffs from a MSWLF or from ground water to a surface water body also were found not to pose an adverse risk to human health and the environment.

I. E. Overview of Proposed Rule Based upon the results of the Agency's risk screening analyses and its investigation into potential damages from the management of solvent contaminated industrial wipes, as well as a review of the issues and questions raised by stakeholders regarding the Agency's current policy governing the regulation of these materials, the Agency has decided to propose ( 1) a conditional exclusion from the definition of hazardous waste for disposable industrial wipes that are contaminated with hazardous solvents and are going to disposal, and ( 2) a conditional exclusion from the definition of solid waste for reusable industrial wipes that are contaminated with hazardous solvents and are sent for laundering or dry cleaning. The proposed rule both clarifies 1For the purposes of the preamble and background documents for this proposal, we will use the term other non hazardous landfill to denote Part 257 Subpart B compliant non hazardous waste landfills. If a nonhazardous landfill that is not a municipal landfill accepts this waste, it must meet the minimum standards of 40 CFR Part 257 Subpart B.

15 the federal regulations governing solvent contaminated industrial wipes and establishes a set of performance based management conditions for the exclusions for both diposable and reusable industrial wipes.

The proposed rule provides a conditional exclusion from the definition of hazardous waste and a conditional exclusion from the definition of solid waste. The proposed conditions for attaining either exclusion include requirements for generator facilities and for handling and processing facilities.

I. E. 1. Generator Conditions: Exclusion from the Definition of Hazardous Waste For disposable solvent contaminated industrial wipes that will be managed at a non landfill facility to meet the exclusion from the definition of hazardous waste, generators would be required to ( 1) accumulate and store solvent contaminated wipes on site in non leaking covered containers; ( 2) ensure that the solvent contaminated wipes do not contain free liquids, except as noted below, when transported off site to a handling facility; and ( 3) transport the solventcontaminated industrial wipes off site in containers designed, constructed, and managed to minimize solvent loss to the environment and labeled " Excluded Solvent Contaminated Wipes."

The proposed rule would require that disposable solvent contaminated industrial wipes managed at municipal landfills or other non hazardous waste landfills that meet the standards under 40 CFR Part 257 Subpart B ( the disposal standards applicable to the receipt of CESQG wastes at non municipal, non hazardous waste disposal units) 1 ( 1) must be " dry" ( i. e., contain less than five grams of solvent each), and ( 2) must not contain any of the 11 F listed spent solvents that the Agency has determined may pose adverse risks to human health and the environment when disposed in a landfill, even if the wipe is " dry." Industrial wipes contaminated with the solvents listed in Table 1 would not be allowed in municipal landfills or other non hazardous waste landfills under the provisions of this proposal.

Table 1 F listed Solvents Ineligible for Municipal or Other Non Hazardous Landfill Disposal 2 Nitropropane Nitrobenzene Methyl Ethyl Ketone ( MEK) Methylene Chloride Pyridine Benzene Cresols ( o, m, p) Carbon Tetrachloride Chlorobenzene Tetrachloroethylene Trichloroethylene In addition, EPA is proposing that transporters be allowed to carry industrial wipes with free liquids to other facilities within the same company under the hazardous waste exclusion when 16 they are transporting them to a solvent recovery facility that will remove enough solvent to meet either the " no free liquid" or the " dry" condition, provided the other conditions of the exclusion are met.

I. E. 2. Generator Conditions: Exclusion from the Definition of Solid Waste For reusable solvent contaminated industrial wipes to meet the exclusion from the definition of solid waste when they are going to be reclaimed and reused, generators would be required to ( 1) accumulate and store solvent contaminated industrial wipes on site in non leaking covered containers; ( 2) ensure that the solvent contaminated industrial wipes do not contain free liquids when laundered on site or transported off site to a handling facility, except as noted below; and ( 3) transport the solvent contaminated industrial wipes off site in containers designed, constructed, and managed to minimize losses to the environment ( e. g., plastic bags, 55 gallon drums, or other containers). The exclusion from the definition of solid waste would be applicable only to industrial wipes that are being reclaimed for reuse through a cleaning process.

EPA is also proposing that industrial wipes can be transported with free liquids to facilities within the same company under the exclusion when they are transporting them to a solvent recovery facility that will remove enough solvent to meet either the " no free liquid" or the " dry" condition, provided the other conditions are met.

I. E. 3. Handling Facility Conditions: Exclusion from the Definition of Hazardous Waste For disposable industrial wipes to continue to meet the exclusion from the definition of hazardous waste, combustors and facilities that handle disposable solvent contaminated industrial wipes to remove solvent from them prior to disposal would be required to manage the industrial wipes ( a) in containers designed, constructed and managed to minimize losses to the environment that meet the transportation requirements in the proposed rule or ( b) in non leaking covered containers that would meet the generator accumulation conditions in the proposed rule. Unless the industrial wipes are being transported under the intra company provision of the exclusion, if a handler discovers any free liquid accompanying the used solvent contaminated industrial wipes, it would be required either to remove the free liquid and manage it properly as a hazardous waste, if applicable, or to return the container with the wipes and free liquid to the generator.

I. E. 4. Handling Facility Conditions: Exclusion from the Definition of Solid Waste For reusable industrial wipes to continue to meet the exclusion from the definition of solid waste, industrial laundries and dry cleaners, as well as facilities that handle solvent contaminated industrial wipes to remove solvent from them prior to cleaning, would be required to manage the industrial wipes in containers designed, constructed and managed to minimize losses to the environment ( i. e., the proposed transportation condition), or in non leaking covered containers that would meet the generator accumulation conditions in this proposal. Unless the industrial wipes are being transported under the intra company provision of the exclusion, if a handler discovers any free liquid accompanying the used solvent contaminated industrial wipes, it would be required either to remove the free liquid and manage it properly or to return the container with the industrial wipes and free liquid to the generator. 17 II. Characteristics of Waste and Waste Handlers II. A. Description of Industrial Wipes and Their Uses Industrial wipes come in a wide variety of sizes and materials to meet a broad range of applications. For the purposes of this proposed rule, EPA is distinguishing between two categories of industrial wipes: reusables, which are laundered and used again; and disposables, which are managed in a landfill or combustor. Although this rulemaking does not distinguish between the types of disposable and reusable wipes, this chapter of the background document describes some of the details of the waste stream.

Wipes are most likely to come in contact with hazardous solvents when wiping up spills of hazardous materials or oil, cleaning machinery or equipment, and wiping off metals or other components in the manufacturing process. The type of wipe suitable for each application depends on a number of factors. The amount of lint a wipe generates can play a large role because some processes, such as those in electronic or printing applications, cannot tolerate any lint, while others, such as cleaning automobile parts, can tolerate large amounts. Absorbency is also an important factor in some tasks, but not in others. Likewise, durability is important in some tasks, such as those with heavy scrubbing, but is often not important in task for which lint or absorbency is more important. Durability does not only refer to the physical strength of the wipe, but also to its ability to withstand strong solvents.

The industrial wipes market consists of an estimated 471,000 facilities in 13 economic subsectors, using approximately 9.6 billion wipes annually. Approximately 3.8 billion wipes contaminated with solvent are used annually by over 200,000 of these facilities. This chapter provides background information and sources on how EPA derived these estimates and provides a breakdown by disposable and reusable industrial wipes categories. 18 The " Economics Background Document" for this rulemaking, available from the RCRA Docket, also provides information on this topic.

II. A. 1 Disposables II. A. 1. a. Non wovens Non woven disposable industrial wipes are spun from synthetic fibers and are often combined with wood pulp, although they are not solely paper based. These wipes are used in all the industries where reusables are used, but are often used for tasks where absorbency and low lint are higher priorities than durability. Nevertheless, there are a wide range of types available, from delicate wipes designed for work with electronics or optics to heavy duty wipes designed for use with heavy machinery or in metal fabrication. The 1997 Economic Census reports 20 nonwoven wipes manufacturers. The industry has recently experienced some consolidation, in which the four leading companies merged into two.

Non wovens range in price from 4 to 17 cents per wipe ( median price of 9 cents).

II. A. 1. b. Wovens Woven cloths or rags have a somewhat smaller share of the disposables market than nonwoven wipes. Rags are recycled textiles, made from leftover textile manufacturing scraps or secondhand clothing. Therefore, they come in a wide variety of materials, shapes, colors and sizes. Since the materials are usually inexpensive for producers to obtain, rags are often less expensive than a comparable amount of non wovens.

The woven rag industry is characterized by 488 establishments ( 1997 Economic Census) that obtain the materials, sort them, cut them to size, and package and distribute them according to orders. Orders are often assembled on demand according to the specific needs of a customer ( e. g., large, white, terry cloth rags only). When not produced to a specific order, a bundle of rags consists of mixed materials, colors, and sizes, and is less expensive.

Rags are usually used in applications where inconsistency is not an issue, such as wiping up a spill. The amount of lint in rags is highly variable, so they are often used in applications where lint is not an issue, either. Rags are often very durable, so they can be used multiple times before ultimate disposal.

II. A. 2. Reusables Manufacturers of reusable industrial wipes, often called shop towels, usually sell their wipes to uniform and linen rental services ( industrial laundries), who then rent them to their customers. The rental services typically pick up the reusable wipes once a week from their customers and deliver fresh ones at the same time. Industrial laundries are usually small companies dispersed geographically, each serving an area with a radius of less than 100 miles. However, some industrial laundries operate in multiple states. There are 1,175 industrial laundry establishments that supply reusable industrial wipes ( 1997 Economic Census). 19 Although customers can usually specify which kind of reusable wipe they want, they do not get the same wipes they used the week before. Therefore the wipes can be contaminated with small amounts of residual solvents, soil, or metal chips from use by another business. Some businesses, when asked, indicated that they had discontinued or restricted reusable wipe use because metal chips in the wipes were scratching their product. This, in addition to theie high level of lint, restricts reusables' usefulness on delicate applications. Their high durability, however, makes them very useful in heavy duty applications.

Reusable wipe services cost about five cents per wipe per week to rent ( national average price). Reusable industrial wipes are typically between 14" x14" and 18" x18" in size, and weigh about one ounce. Wipes range from 65 to 90 percent cotton, with the balance being composed of polyester, rayon, or acrylic. There are many different brands of reusable in use, and at least four companies that make them ( 1997 Economic Census).

II. B. Types of Solvents Used in Conjunction With Industrial Wipes and Regulatory Status II. B. 1. Study Results The hazardous solvents used by industry in conjunction with industrial wipes vary by company; firms tend to have unique usage patterns. Sometimes the amounts of solvent used on each wipe is small but other times it is two or more times the weight of the dry wipe. Also, some firms use small numbers of wipes on a daily basis, while others use hundreds, if not thousands, daily. Finally, the types and concentration of solvent used is often unique to the firm. Most often the solvents used represent a blend of two or more chemical constituents. Some of these spent solvents are hazardous because of their toxicity or ignitability, whereas others have been listed by EPA as a hazardous waste ( i. e., F001 F005 listed solvents found in 40 CFR 261.33). Many firms could be directly affected by the proposed rule depending upon the variables described above.

According to data provided to EPA by trade associations, site visits, previous EPA rulemaking efforts, and a review of publicly available data and published reports, the types of solvents applied to industrial wipes ( and therefore potentially affected by this proposed rulemaking) varies considerably across numerous industry sectors. As displayed in Table 2, at least 13 economic sub sectors representing 113 different industries generate solvent contaminated industrial wipes. Even within the same industry, as witnessed by EPA during site visits, the type and quantity of solvent used in conjunction with industrial wipes varies significantly from one facility to the next.

Table 2 NAICS Codes and Associated Economic Sub Sectors Using Industrial Wipes Item Economic Sub Sector ( Entity Type) NAICS Code 20 1 2 3 4 5 6 7 8 9 10 11 12 13 Printing manufacturing ( mfg) Chemical & allied products mfg Plastics & rubber products mfg Fabricated metal products mfg Industrial machinery & eqpt mfg Electronics & computers mfg Transportation eqpt mfg Furniture & fixture mfg Auto dealers ( retail trade) Publishing ( printed matter) Business services ( photocopy shops) Auto repair & maintenance services Military bases 323 325 326 332 333 3344 336 337 4411 5111 561439 8111 92812 21 Unfortunately, definitive data on the types of solvents used in conjunction with industrial wipes is scarce and highly variable. However, the most commonly identified solvents used in conjunction with these wipes, based on available data analyzed for this proposed rulemaking, are presented in Table 3. Given the number of different solvents used in industrial operations, this list is not intended to include all possible solvent uses and is intended for illustrative purposes only. Note that several of the solvents presented in Table 3 are included in the EPA list of hazardous waste solvents F001 F005 in 40 CFR Part 261 subpart C. Others, however, are not and would probably be considered hazardous wastes only if they exhibited one or more of the characteristics of hazardous waste ( e. g., ignitability) defined in 40 CFR 261 subpart D, when spent.

Table 3 Solvents Used in Conjunction with Industrial Wipes Solvent Source of Data Potential Waste Code( s) Principal Use Toluene EPA Site Visit, EPA ORDa, EPA OWb D001, F005c  cleaning paint guns  parts cleaning  general equipment cleaning and preparation  cleaning screening boards Isopropyl alcohol EPA Site Visit D001  cleaning screening boards  polishing and paint removal  general parts cleaning Methyl ethyl ketone EPA Site Visit, EPA ORD D001, F005  cleaning rollers  adhesive  cleaning airplane propellors  polishing and paint removal  cleaning screening boards  surface preparation Methanol EPA Site Visit D001, F003 Methyl isobutyl ketone EPA Site Visit D001, F003  adhesive  cleaning rollers Ethyl acetate EPA Site Visit D001, F003 Acetaldehyde EPA Site Visit D001 Acetone EPA Site Visit, EPA ORD D001, F003  cleaning paint guns  polishing and paint removal Diacetone alcohol EPA Site Visit D001  cleaning screening boards n by\ butyl alcohol EPA Site Visit D001, F003 Propyl acetate EPA Site Visit D001 Ethanol EPA Site Visit, EPA ORD D001  dilute inks  general cleaning n propyl alcohol EPA Site Visit D001  dilute inks  general cleaning Solvent Source of Data Potential Waste Code( s) Principal Use 22 Petroleum naphtha EPA ORD D001 Xylenes Printer, EPA ORD D001, F003  equipment cleaning and preparation  parts cleaning Mineral spirits EPA ORD D001  screen cleaning Acetates EPA ORD D001, F003 1,1,1 trichloroethane EPA OW D001, F001/ F002  painting operations Chlorobenzene EPA OW D001, F002 Degreaser Ethylbenzene EPA OW D001, F003 Methylene chloride EPA OW D001, F001/ F002 Degreaser Tetrachloroethylene EPA OW D001, F001/ F002 Degreaser Trichloroethylene EPA OW D001, F001/ F002 Degreaser Cresol EPA OW D001, F002 ORD = Office of Research and Development OW = Office of Water a EPA Office of Research and Development, " Environmental Assessment of Shop Towel usage in the Automotive and Printing Industry," November 1996. b EPA Office of Water, " Technical Development Document for Proposed Pretreatment Standards for Existing and New Sources for the Industrial Laundries Point Source Category," EPA 821 R 97 007, November 1997. c Waste codes for listed solvents ( F001 F005) are provided if the solvent is included in the respective listed waste code definition. The ignitable waste code ( D001) is included for solvents that usually have a flash point below 140

F before use. Note that any solvent contaminated industrial wipe may exhibit this or any other characteristic of hazardous waste after use if the waste meets any of the characteristic waste definitions in 40 CFR 261 subpart C.

II. B. 2. Study Methodology Numerous sources of information were reviewed to identify which solvents are more likely to appear in solvent contaminated industrial wipes. Based on the information collected, no single source provides comprehensive information on the types of solvents used across multiple industries. The sources used as references for this study are described below.

Biennial Report Data The 1997 Biennial Report System ( BRS) was searched for data on large quantity generators ( LQGs) of hazardous waste solvents reported as generated in a form similar to solvent contaminated industrial wipes. This query was conducted specifically for generators of listed hazardous solvent wastes ( F001 F005) who used form code B310 ( absorbents) on the BRS GM form. This search identified numerous facilities across many industries that potentially generate solvent contaminated industrial wipes. This search allowed for identification of specific 23 groupings of solvents through listed solvent waste codes, although identification of which specific solvent within each waste group was generally not possible. Other limitations on this search are described below.

The BRS query is probably inexact about the number of generators and the quantity of solvent contaminated industrial wipes generated. First, as form code B310 is defined as inorganic solid spent filters and adsorbents, it could include other types of absorbent materials besides wipes ( e. g., laboratory wastes). Thus, the BRS data probably includes some number of waste streams that are outside the scope of this rulemaking. Also, BRS data for characteristically hazardous solvent contaminated industrial wipes reported as D001 cannot be differentiated from other, non solvent D001 wastes; no attempt was made to identify from BRS data solvent usage that resulted in the generation of characteristic only wastes.

However, BRS data does not include generation information for small quantity generators ( SQGs) or conditionally exempt small quantity generators ( CESQGs). As both SQGs and CESQGs are known from other data sources to generate solvent contaminated industrial wipes, BRS data probably understates generation quantities for smaller facilities. Also, as some states may not regulate reusable industrial wipes as hazardous wastes, these wastes may not be reported in BRS; therefore, queries probably do not represent this part of the generating universe.

Trade Associations Several trade associations provided information to EPA concerning the types of solvents used by facilities in different industries associated with solvent contaminated industrial wipes. EPA also collected and received information from manufacturers of these solvent manufacturers/ distributors and industrial laundry facilities, including the Association of Nonwoven Fabrics Industry, and the Kimberly Clark Corporation. In 1997, the Screenprinting & Graphic Imaging Association conducted a survey of member firms in the printing industry and found that the printing industry uses the following solvents most often: methyl ethyl ketone ( 18 percent), acetone ( 27 percent), xylene ( 19.5 percent), toluene ( 20 percent), and mineral spirits ( 25 percent). Results of a 1997 survey conducted by the Flexographic Technical Association indicate that the following solvents are used most often by members of this industry: ethanol, normal propanol and fast blends, as well as acetates and water based cleaners.

Office of Water Study of Industrial Laundries To support their investigation of the national need for pretreatment standards for industrial laundries, EPA's Office of Water conducted an extensive study in the mid 1990s of contaminants present in discharges from industrial facilities that launder industrial textile items, including reusable industrial wipes, specifically printer wipes. Although direct linkage to solventcontaminated industrial wipes is not certain at all facilities investigated by EPA for this rulemaking, and there is no certainty that other items outside the scope of the proposed rulemaking are not laundered at these facilities, EPA knows from site visits that the effluent from industrial laundries does contain concentrations of solvents expected to be used in conjunction with wipes by the industries identified as generators of solvent contaminated industrial wipes in section II. A. Extensive data on contaminants ( both solvent and non solvent) is presented in the Technical Development Document for the Final Action Regarding Pretreatment Standards for 24 the Industrial Laundries Point Source Category ( EPA 821 R 00 006, March 2000).

Site Visits In 1996 and 1997, EPA visited 17 facilities that use industrial wipes in different industry sectors: printing; auto body repair, aerospace manufacturing and maintenance; circuit board manufacturing; ship maintenance; and coating and adhesive testing and production. EPA collected sampling data on solvent contaminated industrial wipes from several of these facilities on types and amounts of solvent applied to the wipe. The solvents reported to be used at the sites included the following chemicals: toluene, isopropyl alcohol, methyl ethyl ketone, methanol, methyl isobutyl ketone, ethyl acetate, acetaldehyde, acetone, diacetone alcohol, n butyl alcohol, propyl acetate, ethanol, and n propyl alcohol. The solvents were applied to the wipes primarily through spraying, dipping, or pumping.

Publicly Available Information/ Literature Search EPA conducted a literature search for chemicals in solvent blends used by industries on industrial wipes. EPA also reviewed previous studies on this topic, including a report from the EPA National Risk Management Research Laboratory: Environmental Assessment of Shop Towel Usage in the Automotive and Printing Industries.

Information on solvent use at facilities was compiled through site visits and Internet searches of Materials Safety Data Sheets ( MSDSs) for solvents used in the target industries ( e. g., printers, automobile manufacturers, auto body repair and maintenance shops, furniture manufacturers, aircraft manufacturers) The facilities identified through the Internet search specified the task ( e. g., blanket wash, stripper) for which the solvent was intended. The task determined whether it was likely that the solvents were being used with industrial wipes.

A third literature search included the Stanford Research Institute's listings of cleaning/ degreasing solvents in the Chemical Economics Handbook ( 1997 edition). Although not specific to industrial wipes applications, this source revealed that there are at least 26 different chemicals used as cleaning/ degreasing solvents, with the top five by annual volume representing 85 percent of all solvents used for cleaning/ degreasing ( naphtha, acetone, methanol, toluene, trichloroethylene). The " Economics Background Document" presents the results of this data search.

EPA did not identify any single data source that provides a comprehensive list of solvents used in conjunction with solvent contaminated industrial wipes. Based on analysis of data collected from the cited sources, the following generalizations are possible:

Solvents in the workplace are used for cleaning equipment, cleaning up small spills, and other industrial applications. As there is generally a direct correlation between the type of equipment that must be cleaned and the type of solvents required to adequately clean the equipment, some equipment may require solvents that contain constituents with relatively strong cleaning capabilities, while other types of equipment may require less powerful chemical constituents in the solvent ( cleaning agent). 25

Worker preferences can affect the type of solvent used even within the same facility due to personal experiences with what solvent products work better than others.

Solvent manufacturers continue to create new products that offer more effective cleansing agents but have reduced health and environmental damage risks ( i. e., lower volatile organic compound emissions and water based solvents). Additionally, numerous parties during site visits and in public comments to proposed rulemakings cite a long term trend for reduction in the use of halogenated solvents, particularly in military applications, by solvent substitution with petroleum naphtha or isopropyl alcohol based solvents. However, EPA does not have conclusive, quantified evidence that such reductions are occurring.

II. C. Affected Universe of Generators of Spent Industrial Wipes and Off site Management Facilities Because users and user characteristics of solvent contaminated industrial wipes are so diverse, the methodology used to estimate the universe of facilities using these materials is eclectic in nature. The first step involved identifying potential industry sectors. This was accomplished through a literature search, and discussions with key stakeholders and industry contacts who could further describe industry demographics with respect to solvent contaminated industrial wipes. An important source in identifying industrial sectors was EPA's Office of Enforcement and Compliance Assistance ( OECA) Industry Profile Series that identified potential users of solventcontaminated industrial wipes by four digit standard industry code ( SIC). This source also identified industry, regional EPA, and state contacts who further assist in describing the universe of users.

Table 4 provides an estimate of the number of facilities potentially affected by the proposed rule. This estimate is displayed by industrial sector and by RCRA regulatory status ( i. e., CESQG, SQG, and LQG). As stated, EPA has identified 13 economic sub sectors that use solvents in conjunction with industrial wipes for wiping or cleaning operations. In some cases, we believe large numbers of establishments are involved, such as printing and auto body repair. We believe other sectors also might use hazardous solvents in conjunction with industrial wipes but, for example, we were unable to collect sufficient information about the transportation equipment industry or general building contractor sectors to include them in our analysis.

In total, we estimate that as of 2001, approximately 159,000 firms use solvents in conjunction with industrial wipes. Of this total, approximately 32 percent are CESQGs who will not be affected by this rule. The remaining 68 percent ( 109,000 establishments) could potentially be affected by this rule. These establishments are mostly SQGs ( 66 percent), although there are some LQGs ( 2 percent).

Other variables are the types of industrial wipes that might be prevalent in an industrial sector, as well as whether small or large numbers of these wipes might be used on a daily basis. EPA relied on industry contacts familiar with this issue, site visits, information provided by industry, and discussions with inspectors to provide this information.

Table 5 summarizes the results of this effort. Tremendous variability exists both in terms 26 of usage patterns and quantities of industrial wipes used daily. For instance, the Printing Sector primarily uses reusable industrial wipes; however, within this diverse sector, up to 40 percent of screenprinters, approximately 16,000 firms, use disposables. Similarly, the frequency of usage varies tremendously depending on the size of the firm. Smaller firms may use 50 industrial wipes a day, while large printers or newspapers can use more than 1,000 industrial wipes a day.

Table 4 Entities Potentially Affected by the Proposed Rule Item Economic Sub Sector ( Entity Type) NAICS Code SIC Code Number of Affected Establishmentsa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Printing manufacturing ( mfg) Chemical & allied products mfg Plastics & rubber products mfg Fabricated metal products mfg Industrial machinery & eqpt mfg Electronics & computers mfg Transportation eqpt mfg Furniture & fixture mfg Auto dealers ( retail trade) Publishing ( printed matter) Business services Auto repair & maintenance Military bases Solid waste services Industrial launderers 323 325 326 332 333 3344 336 337 4411 5111 561439 8111 92812 562 812332 275 to 279 28 30 34 352 to 356 367 37 25 5511 & 5521 271 to 274 7334 753 9721 4953 7218 18,700 to 42,000 1,100 to 2,900 1,400 to 3,700 4,900 to 13,000 2,400 to 6,300 550 to 1,500 1,100 to 3,000 1,600 to 4,300 4,000 to 10,700 10,600 to 23,600 2,900 to 6,400 13,500 to 35,900 50 to 130 4,800 to 9,650 590 to 1,175 Total = 68,000 to 164,000 a Establishment counts above do not necessarily represent all establishments in each industry; counts represent EPA's estimate of establishments which use solvent industrial wipes and to which the conditional exclusions may apply. 27 Table 5 Daily Usage Statistics/ Trends Industrial sector Average Daily/ Weekly Usage Trends Printing Reusables: 200 to 2,000 per week, per facility; Disposables: 300 800 per week Auto Body Repair Between 50 and 100 per day, depending on size of facility Furniture Manufacturers Large firms: up to 25 55 gallon drums; Smaller firms: 7 55 gallon drums Aerospace Manufacturers Tremendous variability. Smaller users: 25 industrial wipes or less per day; Larger users: up to 1,000 or more per day Automobile Manufacturers Several hundred wipes per day ( if not more) appear to be used at large assembly plants Electronics & Computers Large semiconductor facility can use several thousand wipes per day; printed wire board facilities use approximately 100 industrial wipes per day ( mostly disposable)

Military Bases/ Facilities Varies by operation. Depot maintenance facilities probably use hundreds per day; other operations, such as on ships, fewer Fabricated Metals No statistics available, but we believe relatively small numbers used daily per facility primarily for wiping operations Industrial Machinery No statistics available, but we believe relatively small numbers used daily per facility primarily for wiping operations Plastics/ Rubber No statistics available, but we believe relatively small numbers used daily per facility primarily for wiping operations Chemical & Allied Products and Inorganic Chemicals No statistics available, but we believe relatively small numbers used daily per facility primarily for wiping operations Other sectors using large numbers of industrial wipes per day include automobile manufacturers, large furniture manufacturers, and parts of the defense industry. Sectors using small numbers of industrial wipes per day include auto body repair shops, fabricated metals, and organic and inorganic chemical manufacturers. On the whole, there appear to be more industries that use smaller numbers of industrial wipes on a daily basis than that use large numbers of wipes.

EPA obtained industry information to determine the fraction of wipe uses associated with solvents, as opposed to other materials. Kimberly Clark Corporation, a major manufacturer of non woven wipes provided EPA with estimates of the percentage of uses associated with solvents in the printing industry and in all other sectors. These percentages were applied to the data to derive an estimate of the number of disposable industrial wipes used each year in conjunction with solvents. 28 According to the industry source, 10 percent of the solvents used in the industry are nonhazardous when spent. Additionally, 80 percent of the solvents used in the printing industry are characteristic hazardous wastes when spent and 10 percent are listed hazardous wastes when spent. EPA then assumed that 50 percent of the wipes contaminated with solvents that are characteristic hazardous wastes when spent continue to exhibit a characteristic of hazardous waste after contamination.

Disposable industrial wipes are used by themselves for wiping, spill cleanup, degreasing and other applications, but EPA is particularly concerned about applications in which they are used in conjunction with solvents. In certain industries like printing, a majority of wipe uses involve solvents, whereas in some other industries, the use of solvents may be less common.

The Agency estimates that 316 million disposable industrial wipes are used in conjunction with RCRA regulated solvents each year, making up 28 percent of the 1.13 billion disposable wipes used annually. EPA notes that many individuals representing trade associations and/ or industrial users of disposable industrial wipes and solvents told the Agency that generators, especially larger ones, avoid using disposable industrial wipes with hazardous waste. Knowing that hazardous waste disposal adds significantly to the effective cost of using disposables, many firms opt for reusable industrial wipes instead for applications involving solvents that ultimately will be hazardous waste. Therefore, the overall use of disposables with hazardous waste may be less than estimated.

II. D. Description of Generator Waste Management Practices for Spent Wipes EPA found much variability in the uses of solvent contaminated industrial wipes and management practices regarding them across and within industries. In addition, there are significant differences in management practices depending on whether the cloths are reusable or disposable.

Waste management of solvents and solvent contaminated industrial wipes has several steps. The first is the application of the solvent and the use of the wipe. Solvents are applied in varying amounts depending on their use, the type of solvents, and the environmental awareness of the business. Some businesses in the printing industry, for example, are trying to cut back on the amount of hazardous solvents used and the amount of solvent used on each wipe. There are various incentives for reducing solvent use, particularly in the case of solvents used with reusable industrial wipes. Many laundries will not accept shipments of wipes that contain free liquids. Other users, such as metal finishers, do not apply solvent to the wipe, but submerge the component they are working on in a solvent bath, and then use the wipe to dry the component off. The wipe may be used in this manner repeatedly until it is saturated. Some users soak their industrial wipes in a solvent before use, while others rarely use any solvents at all with their wipes. Unfortunately, from this wide array of practices, it is difficult to draw any conclusions about the prevalence of any one practice.

After an industrial wipe's use is served, the next step is the temporary storage of the spent wipe by the user. Where wipe usage is high, there is often a container at each work station for that worker's used wipes. One commonly used container is a closed metal container with a foot pedal to open the top of the container. When the container is full, or at the end of the day, these 29 containers are usually emptied into a central container at the facility. In smaller facilities with lower wipe usage, there may only be one container in the facility for accumulating the wipes prior to off site management. Prior to discarding spent wipes in the container, generators may sometimes store their wipes on shelves ( or other storage mechanism) for pickup at the end of the day.

EPA has found that solvent removal technologies are primarily practiced by generators of reusable industrial wipes. Many states exempt reusable industrial wipes from regulation as a hazardous waste if the wipes do not contain free liquids when shipped from the generator site. Solvent removal technologies include the use of screen bottom drums, hand wringing, mechanical wringing, and centrifuging.

The central container at a generator's establishment can vary in size from a small bucket to a large bin on wheels. It is usually covered and air tight, although one manufacturing plant that was visited by EPA used a cloth laundry bag to accumulate reusable industrial wipes. An official of one large print shop who was interviewed for this study had a different approach to wipe management. At this print shop, reusable industrial wipes are collected from cans at each work station and put in a large laundry bin on wheels, which is lined with a plastic bag. The bins of wipes are then wheeled to an on site centrifuge. Centrifuged wipes then are put in a lined laundry bin that is covered with a stainless steel top that was fashioned by the shop owners themselves. This facility is not typical, however, as most generators do not currently appear to practice solvent extraction.

When solvent contaminated industrial wipes are accumulated and stored in containers, the solvents in the wipes tend to percolate from the top to the bottom of the container over time. This is particularly noticeable when large amounts of solvent are applied to the wipes. Free liquids occur at the bottom of the containers, and generators can easily violate a " no free liquids" transportation condition if the containers are not examined and the free liquids are not removed from the container prior to shipping the cloths off site. For this reason, many generators use screen bottom drums to accumulate used or spent industrial wipes and to segregate and collect the free liquids that percolate to the bottom of the container. Other generators may extract solvents from spent or used wipes by hand wringing, mechanical wringing, or centrifuging the wipes prior to storing them or shipping them off site. In the case of disposable industrial wipes, some generators may not employ any solvent extraction technologies prior to shipping the materials off site due to the fact that most states regulate disposal wipes contaminated with hazardous wastes solvents as hazardous wastes, regardless of the amount of solvent present in the wipes.

The next step in waste management at generator facilities is to transfer reusable industrial wipes to the laundry service and/ or transfer disposable industrial wipes to off site hazardous waste management facilities. In the case of reusable industrial wipes, some generators transfer the whole storage container to the launderer, while other generators transfer the wipes to a new container before they are picked up by the laundry. At some facilities, the container of wipes is emptied out on to a large launderable cloth on the floor, such as a fender cover at an auto body shop. The wipes are then counted by the rental service, and the wipe with everything on it is then picked up and put in the laundry truck. This way the laundry service not only shows the customer that they are being honest in their counting, but the service employee can also see if there are any 30 free liquids in the laundry before accidentally transporting hazardous waste without a permit.

During site visits to generators of disposable industrial wipes, EPA found that generators send their disposable industrial wipes off site for management at hazardous waste landfills, industrial landfills, municipal landfills, fuel blenders, and hazardous and municipal waste incinerators.

The overall management practices of wipes vary by industry, state, rental service, and facility. Unfortunately, with such a diverse customer base, it is difficult to quantify the prevalence of each practice. Some of the variation in practices is due to the lack of regulations on wipes. With more defined federal regulations, practices may become more standard. 31 III. Current Regulatory Environment III. A. Federal Regulations The generation and management of solvent contaminated industrial wipes are currently regulated under several statutes and regulatory programs at the federal level, as discussed in detail below.

III. A. 1. Resource Conservation and Recovery Act ( RCRA)

III. A. 1. a. Hazardous Waste Regulations Although there are currently no federal regulations under RCRA that specifically establish national guidelines for the management of solvent contaminated industrial wipes, numerous regulations established under the authority of RCRA do currently apply to generators and handlers of these materials if they are hazardous wastes.

The most stringent interpretation of the federal RCRA program would subject all solventcontaminated industrial wipes to the hazardous waste mixture rule. Under RCRA, a solid waste is a hazardous waste if it ( 1) is listed as a hazardous waste under 40 CFR Part 261, Subpart D; ( 2) exhibits one or more of the characteristics of hazardous waste identified in 40 CFR Part 261, Subpart C; ( 3) is a mixture of a solid waste and a listed hazardous waste; or ( 4) is a mixture of a solid waste and a characteristic hazardous waste and the resultant mixture exhibits one or more of the characteristics of hazardous waste.

Under the federal RCRA program, industrial wipes contaminated with listed hazardous waste solvents ( i. e., hazardous waste codes F001 F005) would be considered listed hazardous wastes, and they would have to be managed in accordance with all applicable hazardous waste management requirements ( e. g., storage standards, recordkeeping, hazardous waste manifest). Those wipes contaminated with spent solvents that are hazardous wastes because they exhibit one or more of the characteristics of hazardous waste would also be hazardous wastes. In addition, solvent contaminated industrial wipes that exhibit any characteristic of hazardous waste would have to be managed in accordance with all applicable RCRA hazardous waste management standards.

Currently, EPA is not applying the federal hazardous waste management program to the management of solvent contaminated industrial wipes. The current federal policy with respect to the regulatory status of solvent contaminated industrial wipes has been to defer hazardous waste determinations to the EPA regions and states. This policy is due primarily to the site specific nature of the use and characterization of solvent contaminated industrial wipes and was first articulated in a January 23, 1991 letter from Sylvia K. Lowrance, Director, Office of Solid Waste, to Lance R. Miller, Director of New Jersey's Hazardous Waste Management Division, regarding the petitions submitted by the Kimberly Clark Corporation and Scott Paper Company. She stated:

We believe that the best course of action is to make a more comprehensive interpretation in this rulemaking context [ solventcontaminated wipes]. However, given our current resource levels and 32 competing high priority projects, we cannot select a particular target date for the final evaluation of this petition. In the meantime, Regions and states continue to use the current case by case approach on this subject.

The policy was reaffirmed in a February 14, 1994 memorandum to the EPA Regional Waste Management Directors from Michael Shapiro, Director, Office of Solid Waste, stating:

Because there are many applications of wipes, we cannot at this time make any generic statements that all wipes are hazardous waste, or that all are not. A material that is a solid waste is by definition a hazardous waste if it either 1) meets one of the listings in 40 CFR Part 261, Subpart D, or 2) exhibits one or more of the characteristics described in 40 CFR Part 261, Subpart C. Because there are no explicit listings for " used wipes" in Part 261, Subpart D, a wipe can only be defined as listed hazardous waste if the wipe either contains listed waste, or is otherwise mixed with hazardous waste. Whether or not a used wipe contains listed hazardous waste, is mixed with hazardous waste, only exhibits a characteristic of hazardous waste, or is not a waste at all, is dependent on site specific factors; this is not a new policy. As a result, any determinations or interpretations regarding this diverse and variable waste stream should be made by the regulatory agency ( i. e., EPA Region or State) implementing the RCRA program for a particular State. This has been our longstanding policy.

The majority of states and EPA regional offices have created policies dictating that disposable wipes contaminated with a listed or characteristically hazardous spent solvent should be managed as a hazardous waste, while reusable wipes that are managed at industrial laundries or industrial dry cleaners need not be managed as a hazardous waste as long as specific conditions are met. These conditions primarily require that generators ensure that shipments of wipes sent to industrial laundries do not contain free liquids and that industrial laundries be in compliance with applicable Clean Water Act ( CWA) regulations. A few states require generators to extract solvent from reusable wipes prior to sending them off site to ensure that free liquids are not transported off site. Industrial laundries also often urge their customers to remove solvents from the wipes prior to being transported off site to ensure compliance with DOT hazardous materials transportation requirements and pretreatment requirements from the local Publicly Owned Treatment Works ( POTW).

III. A. 1. b. Land Disposal Restrictions Under the land disposal restrictions ( LDRs), listed or characteristic hazardous wastes must meet stringent treatment standards prior to land disposal. These treatment standards are either a numerical concentration limit for hazardous constituents in the waste or the application of a particular treatment technology to the waste ( 40 CFR Part 268). In addition, " treatment, storage, or disposal of hazardous waste by any person who has not applied for or received a RCRA [ Subtitle C] permit is prohibited" ( 40 CFR § 270.1( b)). Furthermore, owners and operators of hazardous waste management facilities must comply with both the general facility and unitspecific operating requirements and performance standards of Part 264 ( for permitted facilities) or Part 265 ( for interim status facilities), as appropriate. 2 For purposes of the LDRs, land disposal includes any placement of hazardous waste into a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave ( RCRA § 3004( k)).

33 A wipe contaminated with a listed hazardous waste solvent is a hazardous waste subject to the LDRs by virtue of EPA's hazardous waste mixture rule. Specifically, a mixture of a solid waste and one or more listed hazardous wastes is a hazardous waste unless specifically excluded from regulation ( 40 CFR § 261.3( a)( 2)( iv)). A mixture of a solid waste and a hazardous waste that is listed solely because it exhibits a hazardous waste characteristic ( as with F003) is also a hazardous waste if the mixture exhibits one or more of the characteristics of hazardous waste ( § 261.3( a)( 2)( iii)). Therefore, under the current regulations a wipe that is contaminated with a listed hazardous waste solvent and that is discarded or intended to be discarded ( i. e., is a solid waste) must be managed as a hazardous waste. In addition, as with any solid waste, a discarded wipe that exhibits one or more of the characteristics of hazardous waste ( ignitability, corrosivity, reactivity, or toxicity) is a hazardous waste and subject to subtitle C regulation.

For solvent contaminated wipes that are not intended to be discarded ( i. e. not a solid waste, such as reusable wipes sent to an industrial laundry), it could be argued that the hazardous waste mixture rule technically does not apply because that rule applies only to mixtures of solid wastes and hazardous wastes. Nonetheless, solvent contaminated reusable wipes could be subject to subtitle C regulation pursuant to EPA's " contained in" policy, which has been upheld as a reasonable interpretation of the mixture rules ( Chem Waste v. EPA, 869 F. 2d at 1539 40).

Under the contained in policy, EPA requires non waste materials ( e. g., soil, groundwater, and debris) to be managed as a hazardous waste if they contain hazardous waste or exhibit a characteristic of hazardous waste ( see, e. g., 63 FR 28621, May 26, 1998, LDR Phase IV final rule and 57 FR 37194, Aug. 18, 1992, LDR final rule for hazardous debris). However, under the current policy of deferring to the states for interpretation of a wipes regulatory status, most reusable wipes are conditionally excluded from the definition of solid waste or the definition of hazardous waste.

A wipe contaminated with a listed hazardous waste solvent must meet all the LDR treatment standards applicable to that solvent prior to being land disposed. For example, an F001 contaminated wipe must meet the same treatment standards that would apply to a " pure" ( unmixed) F001 waste. The existing LDR treatment standards for the non wastewater forms of F001 F005 wastes are set forth in the table at 40 CFR § 268.40, and consist of numerical ( concentration based) standards for 27 different hazardous constituents.

The LDRs generally attach to hazardous wastes when the wastes are first generated ( i. e., at the point of generation). Once the restrictions attach, the standards must be met before the wastes can be placed into any land disposal unit ( other than a unit which has been granted a no migration variance). 2 In addition to chemicals included in the F001 F005 hazardous waste listings, other chemicals can be used as solvents in conjunction with wipes, such as acetonitrile, isophorone and phenol, and can cause the wipes to exhibit one or more characteristics of hazardous waste. Such contaminated wipes must be managed as characteristic hazardous wastes and must meet 3 Of course, in the case of a wipe contaminated with a listed solvent, the wipe would remain a listed hazardous waste subject to the LDRs unless and until the wipe is excluded from subtitle C regulation by EPA or an authorized state. 40 CFR § 261.3( a)( 2)( iv). The one exception to this rule is where the solvent is contaminated solely with an F003 solvent, which is listed because the solvent exhibits the ignitability characteristic, and the wipe no longer exhibits any hazardous waste characteristics. § 261.3( a)( 2)( iii).

34 applicable LDR treatment standards prior to any land disposal.

Importantly, because the LDRs attach at the point of generation, treatment standards must be met fully even if the wipe no longer exhibits any hazardous waste characteristics at the point of land disposal or at the point the wipes are sent for off site management ( 61 FR 15566 15568, April 8, 1996; LDR Phase III final rule); Chemical Waste Management, Inc. v. EPA, 976 F. 2d 2, 12 14 ( D. C. Cir. 1992). Assume, for instance, that a spent wipe is not mixed with a listed solvent but exhibits the ignitability characteristic. Assume further that the characteristic is removed from the wipe through wringing or centrifuging after the wipe has become spent but prior to sending the wipe off site for treatment or disposal. In this case, the LDRs must still be met prior to any land disposal of the wipe, even though the wringing or centrifuging has removed the characteristic. 3 In the case of solvent contaminated wipes that exhibit a characteristic of hazardous waste and are sent to an industrial laundry, the wipes clearly are not wastewaters that could take advantage of the LDR exemption for treatment in CWA systems. The LDR exemption states that characteristic wastes are not prohibited from land disposal " if they are managed in either a treatment system whose ultimate discharge is regulated under the CWA ( including both direct and indirect discharges), a CWA equivalent treatment system, or a Class I nonhazardous injection well regulated under the SDWA [ Safe Drinking Water Act], provided that the wastes no longer are hazardous ( i. e., no longer exhibit a characteristic) at the point land disposal occurs" ( 61 FR 15660, April 8, 1996, amendment of LDR Phase III final rule in response to the Land Disposal Program Flexibility Act of 1996). The wastewater discharge from the laundry itself, however, could be eligible for the LDR exemption.

LDRs for Sludges Under RCRA, any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill, residue, ash, emission control dust, or leachate, is a hazardous waste ( see 40 CFR § 261.3( c)( 2)( i)). Therefore, the strict interpretation of the federal regulatory program governing the management of wipes contaminated with listed solvents results in the hazardous waste listing ( e. g., F001 F005) carrying through to the sludges generated from the management of such wipes at industrial laundries. These sludges therefore are subject to the LDR requirements, and the LDR treatment standards must be met before the sludges can be placed into any land disposal unit. Of course, in the case of those solvents listed solely because they exhibit a characteristic of hazardous waste ( e. g., F003) if the resultant solvent contaminated wipe does not exhibit a characteristic, the " mixture" no longer retains that listing and the listing does not carry through to sludges generated from treatment of the wipe. 35 III. A. 2 Clean Water Act The Clean Water Act was enacted to restore and maintain the chemical, physical, and biological integrity of the nation's waters. Through this authority, EPA implements the National Pollutant Discharge Elimination System ( NPDES) permitting program to control discharges of industrial wastewaters directly to waters of the U. S. Indirect discharges to POTWs are controlled through the National Pretreatment Program.

Pursuant to a 1976 settlement agreement and the 1977 Clean Water Act Amendments, EPA was required to develop a program and adhere to a schedule in promulgating effluent limitation guidelines ( ELGs) and pretreatment standards for 65 " toxic" pollutants and classes of pollutants, generated across 21 major industries. The Auto and Other Laundries industrial category, of which industrial laundries is a subcategory, was one of the categories required to be studied under the 1976 Settlement Agreement for the possible development of ELGs and standards. Several studies were undertaken from 1977 to 1980 to collect more information about the industrial laundries industry, including two surveys ( 1977 and 1979) and wastewater sampling and analysis programs conducted in 1978 ( screening and verification study).

Following these original studies, additional data was collected by EPA's Industrial Technology Division in conjunction with the Agency's Office of Solid Waste from 1985 to 1987. In 1986, EPA published its Domestic Sewage Study ( DSS), which identified industrial laundries as potential contributors of large amounts of hazardous pollutants to POTWs. Based on information gathered to that point, the Agency compiled a profile of the industrial laundry industry that was published as a Preliminary Data Summary in 1989.

According to Section 304( m) of the CWA, added by the Water Quality Act of 1987, EPA is required to establish schedules for promulgating new or revised ELGs and standards. On January 2, 1990, EPA published an Effluent Guideline Plan ( January 2, 1990; 55 FR 80), in which schedules were established for developing new and revised ELGs and standards for several industrial categories. The Effluent Guideline Plan also listed several industrial categories that were to be studied to determine whether rulemakings to develop ELGs and standards should be initiated. One of those categories was the Industrial Laundries Point Source Category, based on the results of the DSS.

Natural Resources Defense Council, Inc. ( NRDC) and Public Citizen, Inc. challenged the Effluent Guidelines Plan in a suit filed in U. S. District Court for the District of Columbia ( NRDC et al. v. Reilly, Civ. No. 89 2980). The plaintiffs charged that EPA's plan did not meet the requirements of section 304( m). A consent decree in this litigation was entered by the Court on January 31, 1992 ( 57 FR 19748), that established schedules for, among other things, EPA's proposal and promulgation of ELGs and standards for a number of categories, including the Industrial Laundries Point Source Category.

Under the requirements of the consent decree, EPA proposed ELGs and standards for the Industrial Laundries Point Source Category ( December 17, 1997; 62 FR 66182). The proposed rule limited the discharge of pollutants into POTWs from existing and new industrial laundries by establishing Pretreatment Standards for Existing and New Sources. EPA did not establish ELGs or standards applicable to industrial laundries discharging directly to waters of the U. S. because 36 EPA did not identify any direct dischargers and did not identify any available information with which to accurately determine technology based limitations for direct dischargers. The proposed rule applied to industrial laundries, defined as " any facility that launders industrial textile items from off site as a business activity. Industrial textile items include, but are not limited to, industrial shop towels, garments and uniforms, printer towels, mops, and mats." EPA did not propose regulations for discharges from on site laundering at industrial facilities, laundering of industrial textile items originating from the same business entity, and facilities that exclusively launder linen items, denim prewash items, new items, any other laundering of hotel, hospital, or restaurant items or any combination of these items. The proposed rule did apply to hotel, hospital, or restaurant laundering of industrial textile items.

On August 18, 1999, EPA published a Federal Register Notice withdrawing its proposed rule to establish ELGs and standards for the industrial laundry sector. EPA's primary basis for the withdrawal is that indirect discharges from industrial laundries contain very small amounts of toxic pollutants that are not removed by POTWs. Comments on the proposed rule and subsequent data collection resulted in the following conclusions: ( 1) laundry discharges are not as toxic as estimated at proposal; ( 2) POTWs provide better treatment of the toxic pollutants remaining in laundry discharges than estimated at proposal; and ( 3) individual problems are not prevalent with past problems having been resolved by local pretreatment authorities.

EPA concluded that, to the extent isolated problem discharges occur, existing pretreatment authority allows local POTWs to respond to problems effectively. Local POTWs have the authority to set local limits for individual indirect dischargers to prevent ( 1) pass through of pollutants into waters of the U. S., and ( 2) interference both with POTW operations and sludge disposal options. EPA's pass through analysis for the rulemaking determined that there is not significant pass through of pollutants from industrial laundries to waters of the U. S. EPA also concluded that a better way to control effluent discharges of certain organic pollutants, including solvents, is to remove them before they are washed.

III. A. 3 Clean Air Act The Clean Air Act ( CAA) establishes a national framework for the attainment and maintenance of air quality standards. The national ambient air quality standards ( NAAQS) establish national standards for six " criteria" pollutants: carbon monoxide, nitrogen oxides, sulfur dioxide, particulate matter, lead and ozone. Air pollutants are released from both small stationary sources, such as dry cleaners and auto paint shops, and major sources, such as chemical factories and incinerators. Although the CAA regulates major sources more strictly, EPA is required to regulate small sources of hazardous air pollutants as well. Under the 1990 CAA Amendments, EPA is required to study ways to reduce pollutant emissions from small neighborhood sources.

To reduce air pollution, EPA first identifies the toxic pollutants whose release should be reduced. The 1970 CAA gave EPA authority to list air toxics and then create regulations for those listed pollutants. By 1990, EPA had listed and regulated seven air pollutants. The 1990 CAA Amendments greatly expanded the list and includes 189 hazardous air pollutants ( HAPs), which were selected by Congress on the basis of potential health and/ or environmental hazard. The 1990 Amendments also allow EPA to add new chemicals to the list as necessary. To regulate HAPs, EPA is required to identify categories of sources that release the 189 chemicals. The air 37 toxics producers are then identified as major or area sources and promulgate regulations specific to those categories.

Once HAP regulations are established, sources are to use the Maximum Achievable Control Technology ( MACT) to reduce pollutant releases to a level considered technically achievable. In some cases, EPA specifies the method required to reduce air pollutants; however, in most cases, companies have the flexibility to choose how they meet the requirements.

Many solvents commonly used in conjunction with wipes are included on the list of HAPs in Section 112 of the CAA. These solvents include: benzene, carbon disulfide, carbon tetrachloride, cresol, ethyl benzene, methanol, methyl isobutyl ketone, methylene chloride, nitrobenzene, 2 nitropropane, tetrachloroethylene, toluene, 1,1,2 trichloroethane, trichloroethylene, and xylene. These solvents may also meet the definition of a Volatile Organic Compound ( VOC ), a precursor of ozone, which is also regulated under the CAA. Overall, facilities which either generate or handle solvent contaminated wipes would be subject to regulation under the CAA depending upon the types of solvents used and the amount of emissions released to the air.

The Uniform and Textile Service Association, a trade association representing textile supply and service companies, estimated in their guidance Reusable Wipes: A Synopsis that most industrial laundries would not be regulated as a major source. Some industrial laundries, however, may be subject to the CAA regulations for industrial dry cleaners for reasons unrelated to industrial wipes.

III. A. 4 Occupational Safety and Health Administration ( OSHA) Standards The Occupational Safety and Health Administration ( OSHA), an agency of the U. S. Department of Labor, is responsible for creating standards to protect the health and safety of individuals in the workplace. In 1970, Congress passed the Occupational Safety and Health Act in an effort to decrease personal illnesses and injuries resulting from work situations, which place a substantial burden on commerce due to loss of production, loss of wages, medical expenses, and disability compensation payments. The intent of the act was to ensure safe and healthy work environments by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce ( 29 CFR Parts 1900 1999).

The OSHA standards are generally applicable to all workers in all workplaces, although possible exceptions include miners, transportation workers, public employees, and the selfemployed The Occupational Health and Safety Standards in part 1910 provide both general and specific requirements with which facilities must comply when applicable. Specifically, subpart H of part 1910 contains standards for the management of hazardous materials, including 4 Flammable liquids are defined as any liquid having a flash point below 100 ° F ( 37.8 ° C) except any mixture having components with flash points at 100 ° F or higher, the total of which make up 99% or more of the total volume of the mixture.

5 Combustible liquids are any liquids having a flash point at or above 100 ° F ( 37.8 ° C).

6 According to Mike Marshall at OSHA, wipes are most likely regulated by the § 1910.106 container regulations under ( e)( 9)( iii), which state that " combustible waste material and residues in a building or unit operating area shall be kept to a minimum, stored in covered metal receptacles, and disposed of daily."

38 requirements for the management of flammable4 and combustible5 liquids ( § 1910.106). Many facilities which either generate solvent contaminated industrial wipes or launder such materials may be subject to these standards. 6 The requirements of § 1910.106 outline management and storage practices for facilities that handle flammable or combustible liquids. Several solvents that are listed or characteristic hazardous wastes when spent and that are used in conjunction with wipes meet the definition of a flammable liquid ( e. g., acetone, ethyl acetate, ethyl benzene, methyl ethyl ketone, petroleum naphtha).

According to OSHA standards, flammable liquids must be stored in approved containers that meet the requirements of § 1910.106( d). Metal containers and portable tanks meeting Department of Transportation standards ( see 49 CFR Parts 173 and 178) are acceptable. Section 1910.106 also specifies standards for the areas where containers holding flammable liquids are stored, including requirements for storage cabinets, rooms, buildings, storage outside of buildings, and industrial plants. The requirements for industrial plants may be most applicable to generators or launderers of solvent contaminated wipes because the regulations apply to the portions of an industrial plant where the " use and handling of flammable and combustible liquids is incidental to the principal business" ( e. g., solvents used for cleaning presses at printing facilities). At industrial plants, flammable liquids must be stored in tanks or closed containers.

For purposes of the OSHA regulations, a closed container is defined as a container that is sealed with a lid or other device to prevent the release of liquids or vapors at ordinary temperatures ( § 1910.106( a)( 9)). Facilities managing solvent contaminated wipes may be subject to other OSHA requirements including standards for personal protective equipment ( § 1910.132 136) and hazard communications ( § 1910.1200). In addition, facilities may need to comply with the standards for air contaminants under § 1910.1000, which set limits on employee exposure to toxic and hazardous substances in the air. Many of the solvents used in conjunction with wipes are included in OSHA's listing of air contaminants for which regulatory exposure limits have been set ( e. g., acetaldehyde, acetone, MEK, ethyl acetate).

III. A. 5. Department of Transportation ( DOT) Requirements The federal Hazardous Materials Transportation Act regulates transportation of hazardous materials. The purpose of the law is to provide adequate protection against the risks to life and property inherent in transporting hazardous materials in commerce. According to the act, a material or a group or class of materials is designated as hazardous if it is determined that transporting the materials in commerce in a particular amount and form may pose an unreasonable 39 risk to health and safety or property. The Secretary is then responsible for issuing regulations for the safe transportation of hazardous materials: the Hazardous Materials Regulations ( HMR) are found in 49 CFR Parts 171 180.

According to the DOT regulations, any person who offers a material for transportation in commerce must determine whether the material is classified as a hazardous material. In most cases, reusable solvent contaminated industrial wipes are classified as " solids containing flammable liquid, not otherwise specified" ( see 49 CFR § 172.101). Under § 172.102, mixtures of solids and flammable liquids may be transported as " solids containing flammable liquid, not otherwise specified," without first being classified as flammable solids, provided there is no free liquid visible at the time the material is loaded or at the time the packaging or transport unit is closed ( see 49 CFR § 173.124( a)). Each package must correspond to a design type that has passed a leakproof test at the Packing Group II level. Containers which are authorized for transporting hazardous materials in Packing Group II are listed under 49 CFR § 173.212.

Hazardous materials in Class 4.1, Packing Group II are eligible to be shipped under the limited quantity provisions of § 173.151( b)( 1) in inner packagings not over 1.0 kg ( 2.2 pounds) net capacity each, and are exempt from labeling and specification packaging requirements, provided the materials are not shipped via air. The maximum gross weight of a limited quantity package is 66 pounds. Materials shipped under the limited quantity provisions remain subject to the marking and shipping paper requirements of subparts C and D of Part 172.

According to DOT's Office of Hazardous Materials Standards, if free flowing liquid can be seen surrounding materials that are to be shipped, the materials may meet the definition of a flammable liquid in 49 CFR 173.120. If the materials do not include free liquids, they may meet the definition of a flammable solid. Ultimately, it is the shipper's responsibility to properly classify a hazardous material.

III. B. State Regulations III. B. 1. RCRA Delegation As mentioned previously, EPA's current policy with respect to the regulatory status of solvent contaminated wipes is to defer the determination of regulatory status to state agencies and/ or the EPA regional offices. In response, most states have developed regulatory programs that either provide conditional relief for these materials from solid waste or hazardous waste regulations or that set management standards for handlers of solvent contaminated wipes. An overview of current state policies and programs is provided below.

III. B. 2 State Standards and Practices A review of state policies regarding the regulation of solvent contaminated wipes indicates that most states have developed their own policies ( pending EPA action). However, a few states have deferred regulatory decisions regarding the management of solvent contaminated wipes to their respective EPA regional office. Currently, all states regulate industrial wipes as hazardous waste when they are contaminated with a listed solvent or exhibit a hazardous waste characteristic and the wipes are destined for disposal. Forty six states provide regulatory relief for contaminated 40 wipes that are sent to an industrial laundry and subsequently reused. The remaining four states ( Arkansas, Idaho, South Dakota, and West Virginia) regulate reusable wipes as hazardous waste if they contain a listed hazardous waste or exhibit a hazardous waste characteristic, even though they are being laundered.

The majority of state programs consider laundering to be a form of recycling and, subsequently, exclude reusable industrial wipes from RCRA regulation based on the state agency's interpretation of the definition of solid waste. Other states provide conditional exclusions from the hazardous waste regulations for laundered wipes. In either case, to meet the exclusion, the contaminated wipes must meet at least the following criteria:

the wipes contain no free liquids; and

the industrial laundry discharges to a Publicly Owned Treatment Works ( POTW) or is otherwise permitted under the Clean Water Act.

States have different policies on what constitutes no free liquids. However, the majority of states use the Paint Filter Liquids Test ( SW 846 Method 9095) to make such determinations. Other specified methods include the Liquids Release Test ( SW 846 Method 9096), the TCLP ( SW 846 Method 1311), and either physical or mechanical wringing until the wipe meets the " no drip" criterion. Only a few states identify wringing or solvent extraction processes conducted by generators to remove free liquids as a form of treatment, and it is unclear whether any state defines this activity as regulated hazardous waste treatment. Several state programs specify that removing free liquids through evaporation or intentional drying is not allowed.

In many states, the burden of determining whether a solvent contaminated industrial wipe should be managed as a hazardous waste is placed on the generator. However, some state programs specifically state that launderers are obligated to accept only contaminated wipes that meet specified criteria; otherwise, the laundry is considered a regulated disposal facility. Some states allow on site laundering of wipes by generators, provided there is an agreement on file with the state that allows the facility to discharge to the sanitary sewer. However, the majority of states discourage on site laundering. In addition, at least three states require contractual agreements between generators and launderers for the generator to qualify for an exclusion from RCRA regulation.

While the majority of state policies are the same, there are some states with notable variations including:

Hawaii  Reusable wipes must be managed as hazardous waste up until the point at which they are laundered.

New Mexico  Industrial laundries are subject to permitting requirements unless the wipes are placed directly into the laundry process ( i. e., within 24 hours).

Idaho  Wipes must be managed as hazardous waste if they are contaminated with a listed waste or exhibit a characteristic. Reusable wipes cannot be laundered unless they are treated to meet the specified LDR treatment standard for the wastes with which they are contaminated. 41 South Dakota  If a listed solvent is applied to a part and then removed with a wipe, it is considered to be listed ( because the solvent is " spent"), must be managed as a hazardous waste and, thus, cannot be laundered. If the wipe exhibits a characteristic, it is a regulated hazardous waste and cannot be laundered. If the wipe is contaminated with a listed solvent that was applied directly to the wipe, the wipe is not considered to meet the listing description and can be laundered without being managed as a hazardous waste.

Table 6 below provides a general overview of current state programs regarding the regulatory status of solvent contaminated reusable and disposable wipes. Table 7 provides more specific information on a subset of state programs governing the management of wipes. 42 Table 6 State Policies on Reusable Wipes State Reusable Wipes Non Hazardous If Water Washed Or Dry Cleaned Disposable Wipes Considered Hazardous ( Qualified) Why Reusable Wipes Are Non Hazardous Not a Solid Not a Hazardous Waste Waste Alabama Yes Yes Alaska** Yes Yes Yes Arizona Yes Yes* Yes Arkansas No Yes No California Yes Yes Yes Colorado Yes Yes Yes Connecticut Yes Yes Yes Delaware Yes Yes Yes Florida Yes Yes Yes Georgia Yes Yes Yes Hawaii Yes* Yes Yes Idaho No Yes No No Illinois Yes Yes Yes Indiana Yes Yes* Yes Iowa** Yes Yes Yes Kansas Yes Yes* Yes Kentucky Yes Yes Yes Louisiana Yes Yes Yes Maine Yes Yes Maryland Yes Yes Yes Massachusetts Yes Yes Yes Michigan Yes Yes Yes Minnesota Yes* Yes* Yes Table 5: State Policies on Reusable Shop Wipes ( cont.)

State Reusable Wipes Non Hazardous If Water Washed Or Dry Cleaned Disposable Wipes Considered Hazardous ( Qualified) Why Reusable Wipes Are Non Hazardous Not a Solid Not a Hazardous Waste Waste 43 Mississippi Yes Yes Missouri Yes Yes Yes Montana Yes Yes Yes Nebraska Yes Yes Yes Nevada Yes* Yes Yes New Hampshire Yes* Yes New Jersey Yes* Yes Yes New Mexico Yes* Yes* Yes New York Yes* Yes* Yes North Carolina Yes Yes Yes North Dakota Yes Yes* Yes Ohio Yes Yes Yes Oklahoma Yes Yes* Yes Oregon Yes* Yes Yes Pennsylvania Yes* Yes Yes Rhode Island Yes* Yes Yes South Carolina Yes* Yes Yes South Dakota No Yes No No Tennessee** Yes Yes Yes Texas Yes Yes Yes Utah Yes Yes Vermont Yes Yes Yes Table 5: State Policies on Reusable Shop Wipes ( cont.)

State Reusable Wipes Non Hazardous If Water Washed Or Dry Cleaned Disposable Wipes Considered Hazardous ( Qualified) Why Reusable Wipes Are Non Hazardous Not a Solid Not a Hazardous Waste Waste 44 Virginia Yes Yes* Yes Washington Yes Yes Yes West Virginia No Yes No No Wisconsin Yes Yes Yes Wyoming** Yes Yes Yes * Note: Refer to individual state policies for qualifications. ** Note: Refer to regional policies for qualifications. 45 Table 7 Summary of Selected State Programs State Description of Policy Alabama Contaminated industrial wipes bound for laundering and reuse are considered products in use and are not solid wastes, and, therefore, not hazardous wastes. The state position is based upon the policy stated by Region 4.

Arkansas Reusable industrial wipes that contain a listed waste, that are mixed with a listed waste, or that exhibit a characteristic are regulated as hazardous waste.

Florida Reusable industrial wipes that are laundered at facilities which discharge to a POTW or are subject to the CWA are not solid wastes and are not regulated under the state's RCRA program. Florida bases its policy on the Region 4 position.

Georgia Laundered industrial wipes are not regulated because they are being recycled and used as effective substitutes for new products according to 40 CFR § 261.2( e). Generator storage prior to laundering is subject to the same accumulation requirements as hazardous waste ( § 262.34).

Massachusetts Non saturated, solvent contaminated industrial wipes are eligible for a conditional exemption that allows them to go to laundries without a manifest, provided they meet the specified criteria. The " one drop test" is used to determine what is non saturated ( i. e., a wipe is considered saturated if a drop of solvent can be wrung out of it). Saturated industrial wipes must be managed as hazardous waste until they meet the " one drop test."

Minnesota Free liquids must be wrung from disposable industrial wipes and must be managed as hazardous, if appropriate. Free liquids must be wrung from reusable industrial wipes and they must be managed as hazardous waste on site. If the wipes are sent to an industrial launderer, the shipment does not require a manifest and the laundry does not need to be permitted under RCRA.

Missouri Contaminated industrial wipes used in cleaning and degreasing operations are not regulated as solid or hazardous wastes when laundered. Industrial wipes used to clean up spills are regulated as hazardous waste if they contain a listed waste or exhibit a characteristic and laundering may be considered improper treatment. Contaminated industrial wipes that are destined for disposal must be managed as hazardous wastes if appropriate.

Nebraska Industrial wipes used for cleaning that are contaminated with listed or characteristic solvents are not regulated as hazardous waste provided that they are being laundered ( recycled) and that no free solvent is present at the time they are sent for recycling. State Description of Policy 46 New Jersey Solvent contaminated industrial wipes that are sent for disposal are regulated according to the mixture rule and have different standards depending on how the wipe came into contact with the solvent and the type of solvent used. If a hazardous contaminated industrial wipe is being laundered, it is not regulated as hazardous waste provided there are no free liquids. Any storage at generator facilities prior to laundering is regulated in the same manner as hazardous waste storage.

New York Contaminated industrial wipes are not hazardous wastes when sent to industrial laundries provided they are not saturated ( i. e., they pass the Paint Filter Test). Prior to laundering, all industrial wipes must be managed in accordance with specified accumulation standards. Generators also must file a one time notice under LDR when sending industrial wipes to be laundered.

Virginia Solvent contaminated industrial wipes that are intended for disposal are regulated as hazardous wastes. Industrial wipes that are hazardous wastes and sent to launderers are not regulated as solid or hazardous wastes provided there are no free liquids.

Washington Reusable industrial wipes that would be hazardous wastes are not regulated as hazardous waste if they are managed according to the established best management practices ( i. e., no free liquids, closed container, permitted laundry facility, etc.). Hazardous waste wipes that are sent for disposal are subject to regulation.

West Virginia Industrial wipes contaminated with a listed hazardous waste or that exhibit a characteristic are subject to regulation as solid wastes. Industrial wipes are viewed as spent materials and as such are solid wastes when reclaimed. 47 IV. Provisions of the Proposed Rule This section of the Technical Background Document is designed to provide supplemental information to the discussion of the provisions of the proposed rule available in the Preamble. All the provisions and conditions are outlined here, but if there is no discussion in addition to what is in the Preamble, the appropriate Preamble section is simply referenced to avoid unnecessary repetition.

IV. A Proposal Summary In response to public comment, regulatory interpretation requests, several regulatory petitions, and issues raised during the Printing Sector meetings of EPA's Common Sense Initiative ( CSI), EPA is proposing to clarify the regulatory status of solvent contaminated industrial wipes. The Agency is proposing to modify the RCRA hazardous waste management regulations for certain solvent contaminated materials, including reusable shop towels, rags, disposable wipes, and paper towels. This proposed rule would encourage resource conservation and responsible solvent management and would remove potential regulatory impediments to solvent recovery. Specifically, EPA proposes to   ( 1) Conditionally exclude from the definition of hazardous waste disposable industrial wipes that are contaminated with hazardous solvents and are sent for disposal to a municipal or other non hazardous waste landfill or a combustion facility.

( 2) Conditionally exclude from the definition of solid waste reusable industrial wipes that are contaminated with hazardous solvents and are sent for laundering or dry cleaning.

The conditions that would be required for the exclusions are discussed later in this section of the technical background document.

The proposed rule affects contaminated wipes that are sent to both landfills and nonlandfill facilities ( e. g., laundries and combustion) and applies to ( 1) industrial wipes exhibiting a hazardous waste characteristic ( i. e., ignitability, corrosivity, reactivity, or toxicity) due to use with solvents and ( 2) industrial wipes contaminated with F001 F005 spent solvents or comparable Pand U listed commercial chemical products that have been spilled and cleaned up.

IV. B Intent of the Proposed Rule Current federal policy enables EPA regional officials and state program officials to make case specific interpretations of the regulatory status of solvent contaminated industrial wipes. This policy has resulted in some states and regions invoking the hazardous waste mixture rule or the contained in policy to interpret the status of these industrial wipes. However, many states provide a conditional exclusion from the definition of solid waste for reusable wipes that are managed at industrial laundries or industrial dry cleaners. Many state programs provide that solvent contaminated industrial wipes sent off site to be managed at an industrial laundry or industrial dry cleaner are not a hazardous waste ( or even a solid waste in some states) as long as the wipes do not contain free liquids and are sent to a facility that is permitted to discharge to a 48 publicly owned treatment works ( POTW).

Through this proposed rule, EPA aims to resolve, at the federal level, some long standing issues associated with the management of solvent contaminated industrial wipes. One important way the proposal attempts to do this is by facilitating pollution prevention and waste minimization, including the recycling of spent solvents extracted from contaminated industrial wipes. The proposed rule also   ( 5) Fosters improved solvents management by generators and handling facilities;

( 6) Reduces compliance costs for many facilities using these materials;

( 7) Increases consistency in the regulations governing solvent contaminated industrial wipes across the U. S. and clarifies existing federal rules and their interpretations;

( 8) Addresses longstanding industry petitions to EPA; and ( 9) Creates flexibility for generators to work with industrial laundries, as appropriate, to ensure compliance with local pretreatment standards established by publicly owned treatment works ( POTWs).

This rule would foster pollution prevention and waste minimization opportunities by encouraging users of industrial wipes who desire less stringent management requirements to use alternative solvents, use less solvent, or remove solvents from the wipes to meet the " no free liquids" or " dry" conditions, as discussed later in this section. For instance, generators who want to dispose wipes containing listed solvents or wipes exhibiting a hazardous characteristic in a landfill must either use alternative solvents or reduce the amount of solvent contained in the wipe to a dry state. Because opportunities exist for recycling and reusing hazardous solvents contained on disposable or reusable wipes, in many instances, advanced solvent extraction and recovery technologies can result in opportunities to reduce pollution and increase profits for generators and handlers. Pollution prevention opportunities are discussed further in section IV. B. 1.

Industrial wipes are a versatile product. Thousands of facilities use hundreds of millions of wipes containing hazardous solvents every year. EPA estimates that 3.1 billion wipes containing approximately 75,000 to 100,000 tons of solvent are used annually. This rule is intended to foster greater understanding of the regulations and improvements in management of solventcontaminated wipes by generators and handling facilities.

By reducing compliance costs, this rule would also provide regulatory relief. In some situations, current federal rules appear to over regulate these materials, such as when very small amounts of hazardous solvent are applied to industrial wipes. Therefore, EPA believes an alternative regulatory program can be designed specifically for these materials that makes more sense in their market without compromising human health and the environment.

The proposed rule clarifies problems with existing federal rules and state policies. Current rules and policies associated with solvent contaminated industrial wipes are inconsistent and 49 sometimes result in mismanagement of these materials. For instance, some regions and states have interpreted RCRA rules to say that solvent contaminated reusable industrial wipes are not solid wastes ( under RCRA, a secondary material cannot be a hazardous waste without first being a solid waste). As a result, these materials are not subject to RCRA regulation at all, and therefore can potentially be managed in ways that are not environmentally sound.

Prior to initiating a proposed rulemaking, EPA's Office of Solid Waste ( OSW) conducted screening analyses to determine the potential risks to human health and the environment from the potential mismanagement of solvent contaminated industrial wipes. In addition, EPA investigated the potential number of facilities that may be impacted by any regulatory change and the potential changes in compliance costs that may be associated with any regulatory modifications. A summary of the results of the risk analysis is presented in section 5 of this technical background document and the risk report and the economics background document are available in the docket for this proposal. The results of the Agency's investigation into risks from solvent contaminated industrial wipes indicate that industrial wipes containing some F listed solvents may pose potential risks to human health when managed in an unlined landfill. However, the Agency found that other types of F listed solvents may pose very little or no risk if disposed in small quantities in municipal solid waste landfills.

The proposed rule would allow generators more flexibility to work with industrial laundries, as appropriate, to ensure compliance with local pretreatment standards established by publicly owned treatment works ( POTWs). EPA concluded that, to the extent isolated problem discharges occur, existing pretreatment authority allows local POTWs to respond to problems effectively.

Finally, the proposal provides a tentative response to petitions filed by the Kimberly Clark Corporation in March 1985 and Scott Paper Company in May 1987 regarding the application of the federal regulations to disposable wipes containing hazardous waste solvents.

IV. B. 1. Pollution Prevention Facilities using hazardous solvents in conjunction with disposable or reusable wipes can use various industry and government sources to assist them in identifying alternative solvent sources that are effective substitutes with no risks to human health and the environment ( see, for instance, EPA's Design for the Environment website: < www. epa. gov/ dfe>). In fact, research may yield alternatives to solvents that are cheaper to purchase than the original, or for which the total life cycle management of the alternative solvent is cheaper than the original when compliance with air, water, and waste regulations is factored in.

Another option is for firms using hazardous solvents in conjunction with industrial wipes to evaluate whether particular processes can be modified or re engineered to eliminate the need for wiping or cleaning operations. Again, various resources exist for companies to examine the possibility of eliminating or modifying existing operations such that the need for solvent wipes disappears.

EPA noticed at a few site visits that the amount of solvent applied to a wipe far exceeded 7 Descriptions of companies or technologies found in this technical background document are for descriptive purposes only and are not an endorsement of the products themselves.

8Solvent contaminated industrial wipes that are co contaminated with another material that makes them characteristically hazardous for corrosivity, reactivity, or toxicity would not be eligible for the exclusion from the definition of hazardous waste or the exclusion from the definition of solid waste. If the industrial wipes are co contaminated with a material that makes them characteristically hazardous for ignitability, they would remain eligible. For more discussion of this provision, see Section V. B. 11 of the proposed rule.

50 the amount of solvent actually needed to perform a particular cleaning operation. If a facility must use a hazardous solvent, potential risks to human health and the environment, as well as potential compliance costs, can be reduced by applying less solvent and possibly reusing the wipe. Both approaches reduce solvent usage and, therefore, reduce solvent purchasing costs and waste/ material management costs. Firms should examine their solvent use practices to determine if less solvent and fewer industrial wipes can be used to perform particular cleaning operations.

If pollution prevention techniques are not feasible, generating facilities might be able to recycle and reuse the spent solvent contained on their wipes in other ways. First, several existing facilities such as Brent Industries, and Industrial Towel and Uniform can clean contaminated or soiled wipes and recycle the solvent extracted or distilled from their cleaning processes. 7 Brent Industries operates a distillation process that can produce ( regenerate) solvents meeting the product specifications of the originating companies. Second, integrated industrial wipe cleaning/ solvent recovery technologies can be installed by firms such as Maratek. Used primarily by high volume wipe generating firms, such as printers and newspapers, solvent recovery technologies can yield a return on investment within two years for some firms by reducing solvent purchasing and waste management costs. Another solvent recovery technology is microwave, where the solvent is dried down, captured and introduced back into the manufacturing process. Some firms have the flexibility of installing their process on site or adjacent to an industrial laundry where solvent can be extracted from soiled reusable wipes, regenerated, and returned to the originating company. The soiled wipes ( minus the solvent) can then be washed and returned to the originating company.

As with pollution prevention, economics plays an important part in determining whether to recycle the solvent or maintain current operating practices. However, if a facility uses a large number of wipes and applies considerable amounts of solvent to each wipe, it is likely that pollution prevention can increase profit and reduce pollution, particularly if the cost of purchasing the solvent is considerable.