Changes Needed to EPA's
Notice of Proposed Rulemaking
By and large, INDA/SMART support the proposed rule as written. There are several areas, however, where we have recommended that EPA make changes. Our two primary concerns are that:
1. Laundered and non-laundered wiping products should both be subject to the same conditional exemption from RCRA.
Discussion: INDA/SMART contended that the different exemptions proposed by EPA (i.e.) laundered shop towels would be conditionally exempt from the RCRA definition of solid waste while wipers and rags would be conditionally exempt from the RCRA definition of hazardous waste) is unwarranted. INDA/SMART outlined these concerns in detailed legal arguments made to EPA, and in numerous discussions with EPA's Office of General Counsel. Simply stated, we believe that EPA has overstepped legal boundaries with this proposed distinction.
More fundamentally, however, INDA/SMART note that EPA data show industrial laundering actually produces as much, or more, solid waste then is generated by the disposal of rags or nonwoven wipes respectively. This is due to the fact that: 1) industrial laundering produces large amounts of sludge that is disposed of in landfills; and 2) shop towels typically can only withstand the laundering process several times before they must be thrown away.
Even though launderers imply that shop towels can be processed many, many times while disposables are used only one time before being discarded, the reality is that both types of wiping products - laundered and non-laundered can have similar life spans. Both types of wiping products should, therefore, be subject to the same conditional exemption.
The no free liquids provision included in EPA's proposed rule should be replaced with a specific solvent-extraction methodology: hand wringing.
Discussion: As proposed, EPA would allow RCRA exemptions to laundered and non-laundered wiping products if, among other things, they do not drip when held aloft by a corner, an dif they do not leave accumulated liquid at the bottom of a container used to house and/or transport them. INDA/SMART contend that simple hand wringing could be done by those who use the wiping products, and would result in much greater amounts of collected and recycled solvent. Hand wringing is simple, does not require additional cost, and is not dependent on the reliable operation of machinery.