Containers from which waste has been removed are not subject to most RCRA hazardous waste management standards, provided they meet certain standards in order to be considered legally "empty"–often called "RCRA empty".
DEFINE: EMPTY
Hazardous Waste (40 CFR 261.7(b)(1))
The hazardous waste container or inner liner is empty if:
- • All waste has been removed that can be removed by pouring, pumping, or by means of suction; and
- No more than 1 inch (in.), equivalent to 2.5 centimeters, of residue remains on the bottom of the container or inner liner (commonly referred to as the “1-inch rule”); or
- No more than 3% by weight of total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gal in size; or
- No more than 0.3% by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gal in size.
Note: The empty-by-weight standards are often used when there is a mixture of solid and liquid hazardous waste in the container.
Need copy for Hazardous Waste Container Management Guidebook 17001500
Compressed Gas That Is a Hazardous Waste (40 CFR 261.7(b)(2))
A container holding compressed gas is empty when the pressure in the container approaches atmospheric pressure. To allow the pressure in the container to reach atmospheric pressure, the container has to be opened. Proper precautions have to be taken when opening containers of compressed gas.
Acute Hazardous Waste (40 CFR 261.7(b)(3))
A container used to hold an acute hazardous waste that is listed in 40 CFR 261.31 to 261.32, and 40 CFR 261.33(e) is empty if one of these three conditions has been met:
- It has been triple-rinsed using a solvent capable of removing the hazardous waste.
- It has been cleaned by another method that has been shown to achieve the equivalent removal of triple-rinse.
- In the case of a container, the inner liner that prevented contact of the hazardous waste has been removed.
Note: There is no federal guidance as to what particular method constitutes “triple-rinsing,” other than to say that the container must be rinsed three times with a suitable solvent. Your state, however, may specify how to triple-rinse the container. Contact your state environmental agency to see if it has triple-rinse guidelines and remember that the rinse material must be managed as a hazardous waste. In addition, remember that any inner liner that is removed must be managed as a hazardous waste. Also note that EPA does not consider triple rinsing to be hazardous waste treatment.
Need copy for Hazardous Waste Container Management Guidebook 17001500
Farmers get a break! Farmers disposing of waste pesticides from their own use that are hazardous wastes are exempt from most RCRA hazardous waste managing requirements provided the emptied pesticide container is triple-rinsed in accordance with the standard for acute hazardous wastes at 40 CFR 261.7(b)(3).
The Environmental Daily Advisor has A LOT more information on container management. See these popular posts.