Rule of the Month

Please note: The regulatory information contained on this page represents a snapshot of relevant EPA, DOT, and OSHA regulations based on our experiences over the last 30 years in the hazardous waste industry. Any information utilized from this site should be verified against the most current versions of EPA, DOT, and OSHA regulations available and also compared to your specific state and local regulations which are often different from the federal regulations. Any specific regulatory questions can be directed to qualified Heritage personnel via our "Ask the Expert" question submission form.

RCRA Empty Containers [40 CFR 261.7]

According to 40 CFR 261.7, a container or an inner liner removed from a container that has held an acute hazardous waste (e.g., P-listed wastes or waste with the hazard code H) is empty if either:

• The container or inner liner has been triple rinsed using a solvent capable of removing the chemical
• The container or inner liner has been cleaned by another method that has been shown to achieve equivalent removal
• If the container has an inner liner, the inner liner has been removed

A container or an inner liner removed from a container of a non-acute hazardous waste, other than a pressurized cylinder, is empty if:

• All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and
• No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or no more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size; or no more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.

A container that has held hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric pressure.