What about wipes contaminated with listed solvents that also exhibit the RCRA hazardous waste Toxicity Characteristic? Are these wipes eligible for the exclusions?

There are six solvents listed under F001 through F005 in 40 CFR section 261.31 that are also listed on EPA’s Toxicity Characteristic found in 40 CFR section 261.24. This includes: Benzene (F003 and D018), Chlorobenzene (F002 and D021), Creosols (F004 and D023, D024, and D025), Methyl ethyl ketone (F005 and D035), Tetrachloroethylene (F001/F002 and D039), and Trichloroethylene (F001/F002 and D040).

Wipes contaminated with these six solvents are eligible for the Wipes Rule exclusions. The one exception is that wipes contaminated with trichloroethylene are only eligible for the reusable wipes exclusion at 40 CFR section 261.4(a)(26). Wipes contaminated with trichloroethylene are not eligible for the disposable wipes exclusion at 40 CFR section 261.4(b)(18), based on EPA’s risk analysis.