Posts Tagged ‘Massachusetts’

State Roll Out Of Solvent Wipe Exemption Rule – Update March 2017

Saturday, March 4th, 2017

In July 2013, US EPA published a final rule which exempted launderable (reusable) and some disposable wipes containing solvent (“Solvent-Contaminated Wipes” or SCW) from regulation as solid wastes and as hazardous waste. Solvent wipes are very common waste streams generated by a broad range of industrial, commercial, service and institutional sector facilities. This rule streamlined management of this waste stream and allowed these materials to be stored, transported* and cleaned/disposed of outside of the hazardous waste rules that would otherwise apply. This provides a benefit to both facilities that generate these wipes and companies that handle them.

* Although the rule exempts transporters from hazardous waste rules, Federal and State DOT HazMat rules still apply.

Click here for more information on the Federal Solvent Contaminated Wipe Rule.

Although the Federal rule became effective on January 31, 2014, in majority of States the Federal exemption does not apply until State Rules were revised to include this exemption. In many cases, States had operated for many years under policies or guidance which functionally excluded these wipes from regulation as hazardous waste until a Federal Rule was finalized. With the publication of the Federal Rule in 2013, States needed to update State rules to reflect this exemption, if they wanted to allow generators to take advantage of it. Because this rule change was less stringent than existing hazardous waste rules, States were not required to accept the Federal exemption and could require generators to handle these wipes as hazardous waste.

State Rule Update – March 2017

As of March 2017, 61% of State agencies have updated State rules to exempt solvent wipes, with most using Federal language or Federal language with very minor edits. One State (Rhode Island) implemented a rule that exempted reusable wipes only.

States Where Policy or Guidance Applies

As of March 2017, almost 1/3 of States have not revised State rules to reflect the SCW exemption and are still operating under policies or guidance documents written 10 to 15 years ago.

  • Colorado
  • Connecticut
  • Delaware
  • Kentucky
  • Maryland
  • Massachusetts
  • New Mexico
  • New York
  • Oregon
  • South Dakota
  • Vermont
  • Washington
  • Wisconsin

In most cases, this policy or guidance is similar to the Federal Rule, but typically less specific and less stringent. Currently, many of these States are still planning to update State rules in the near future and are allowing generators to follow the Federal rule.

States Without Policy or Guidance

As of March 2017, three States have not revised State rules and had not established a policy in the past to exempt these wipes from hazardous waste rules:

  • Nevada
  • Maine
  • Hawaii
 Maine and Hawaii both anticipate having a rule revision in 2017.

States With State-Specific Rules

Two States, California and Minnesota, have rules (California) or policies (Minnesota) that are significantly different than the Federal Rule and do not plan to revise them. In California, the Reusable Soiled Textile Rule excludes all hazardous waste (not just solvent) on a wider range of textiles (not just wipes). In Minnesota, guidance exempts some wipes (“sorbents”) but wipes containing certain listed solvents (“toxic solvents”) remain hazardous waste and also must be included in the monthly calculation of the generator size.

Logistics Industrial Storm Water Permitting & Compliance

Wednesday, March 20th, 2013

Caltha LLP Project Summary

Project: Industrial Storm Water Permitting & Compliance
Client: International Retailer
Location(s): California, Washington, Utah, Georgia, Florida, Virginia, North Carolina, Pennsylvania, Ohio, Massachusetts, New York, Kansas, Virginia, Louisiana, Texas, Tennessee, Minnesota, Illinois, Indiana, South Carolina, Colorado, Nevada, New Jersey, Connecticut, Missouri

Key Elements: SWPPP preparation, Stormwater monitoring, Compliance plan, Permit application

Overview: Caltha LLP has provided consulting services to this international retailer at multiple logistics and warehousing locations to comply with individual State industrial stormwater rules. Services included preparing facility stormwater pollution prevention plans, preparation of State or EPA application forms (Notice of Intent), preparation of site-specific inspection checklists to comply with individual State inspection requirements, preparation of site-specific stormwater monitoring and benchmark monitoring plans to meet State requirements applicable to this industrial sector. Caltha then provided ad hoc technical support to facilities to address questions during roll-out of the compliance programs.

For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

Product Stewardship Audit / Product Responsibility Audit

Wednesday, March 20th, 2013

Caltha LLP Project Summary

Project: Product Stewardship Audit / Product Responsibility Audit
Client: Paper Manufacturer
Location(s): Massachusetts

Key Elements: Compliance audit

Overview: Caltha performed a compliance audit for this paper manufacturer to assess compliance with applicable requirements under the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (29 CFR 1900), EU product requirements under REACH and applicable requirements on the environmental claims associated with products. Under OSHA rules, manufacturers must evaluate their products to determine if they are hazardous and therefore subject to Hazard Communication requirements, such are preparing and providing a Safety Data Sheet (SDS). This audit reviewed the client’s existing systems to assess the potential hazards associated with their products, and for those products subject to rules, to prepare SDS and product labels that comply with OSHA requirements. The audit resulted in recommendations for improvements to existing procedures to assure that all products and product modifications were in compliance with OSHA and applicable international requirements.

For more information on Caltha LLP services, go to the Caltha Contact Page