Connecticut: DEEP Submits Proposal to Regulate Solvent-Contaminated Wipes as Hazardous Waste to AG (US)

On March 29, 2017, the Connecticut Department of Energy and Environmental Protection (DEEP) posted a notice of its decision to move forward with its proposed rule to regulate solvent-contaminated wipes as hazardous waste, known as the Wiper Rule.

Among the documents posted to the Connecticut Regulation-Making Record on March 29, 2017 is an updated version of the proposed Wiper Rule, which contains several minor changes made to the language of the proposed regulation that was posted alongside the DEEP’s notice of intent to adopt the Wiper Rule on February 3, 2017. The only material changes made to the proposed regulation require generators of reusable or disposable solvent-contaminated wipes to have the wipes either cleaned or disposed at only facilities that: (i) possess the permits or authorizations required for the cleaning or disposal of solvent-contaminated wipes and (ii) have no unresolved warning or other notices of violation issued by a governmental agency pertaining to those permits or authorizations. This is one of the requirements generators must satisfy for their solvent-contaminated wipes to be exempt from regulation as hazardous waste.

The DEEP’s March 29, 2017 notice of its decision to move forward with the proposed Wiper Rule follows a public comment period that was open from February 3, 2017 until March 6, 2017. For the proposed Wiper Rule to be adopted, it must be approved by the Connecticut Attorney General before April 30, 2017 and then approved by the Connecticut Legislative Regulation Review Committee (LRRC) before being filed with the Secretary of the State’s office.

See prior legal alert for general information on the proposed Wiper Rule.

Sources:

Connecticut Department of Energy and Environmental Protection, Proposed Rule, Wiper Rule, Connecticut Regulation-Making Record, https://eregulations.ct.gov/eRegsPortal/Search/RMRView/PR2016-045 (last update on March 29, 2017).