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U.S. Environmental Protection Agency
Office of Inspector General
At a Glance
2006-P-00001
October 4, 2005
Why We Did This Review
This report responds to a
congressional request that we
evaluate the process for
developing the Environmental
Protection Agency's (EPA's)
2003 proposed rule for solvent-
contaminated industrial wipes.
By answering specific concerns
presented to us by Congress,
we sought to determine the
appropriateness of procedures
followed and whether there was
inappropriate influence.
Background
Industrial wipes are used to
wipe down machinery, floors,
and other surfaces. On
November 20, 2003, EPA
proposed a rule to conditionally
exclude (a) disposable
industrial wipes contaminated
with hazardous solvents from
the definition of hazardous
waste, and (b) reusable
industrial wipes (such as rags)
contaminated with hazardous
solvents and sent for laundering
from the definition of solid
waste.
For further information,
contact our Office of
Congressional and Public
Liaison at (202) 566-2391.
To view the full report,
click on the following link:
www.epa.aov/oia/reports/2006/
20051004-2006-P-00001.pdf
Catalyst for Improving the Environment
Rulemaking on Solvent-Contaminated Industrial Wipes
What We Found
We found the following regarding specific concerns presented to us by Congress
related to EPA rulemaking for industrial wipes:
•	EPA met all legal and internal requirements for rulemaking when it
developed the industrial wipes proposed rule. EPA complied with the
Administrative Procedure Act, which establishes requirements for
rulemaking. There are no provisions in the Act that address contacts with
outside parties during the rulemaking process and thus the appearance of
favoritism or undue influence.
•	EPA officials and staff had extensive contact with representatives of the
industrial laundry industry, but also had extensive contacts with disposable
wipes industry representatives and others. No one indicated they were
excluded from the rulemaking process. EPA allowed active public
involvement through meetings, telephone calls, e-mails, and letters.
•	The industrial laundry industry exerted considerable influence on the aspect
of the proposed rule to exclude reusable wipes from solid waste regulations.
However, we found no evidence that the influence was illegal or inconsistent
with EPA's standard business practice of obtaining input from stakeholders.
Exerting influence is allowable and appropriate. Other stakeholders had
similar access to EPA. We did not find that the timing of any decisions
coincided with external political events, nor did we find evidence that EPA
staff were directly or indirectly influenced by external political events,
including actions by campaign contributors. Certain EPA actions, related to
sharing of a small portion of the preamble language and not documenting all
contacts in the docket, contributed to public perceptions of impropriety.
What We Recommend
We recommend that EPA implement recommendations proposed by a 2001
taskforce on improving regulations. We also recommend that EPA draft a
guidance document designed to avoid favoritism and the appearance of
favoritism, and develop guidance that clearly defines rulemaking docketing
requirements. The Agency generally agreed with our recommendations, and the
Office of Solid Waste and Emergency Response needs to work with the Office of
Policy, Economics, and Innovation to implement those recommendations.

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