Empty Containers (RCRA Empty)

Scope

Federal EPA’s exemptions for empty containers apply to containers and inner liners that have held any hazardous waste and any associated hazardous waste residues. The definition applies differently for containers and inner liners, compressed gas containers such as aerosol cans, and containers or inner liners that held acute hazardous waste. States may have additional requirements for empty containers.

Regulatory citations

• 40 CFR 261.7 — Residues of hazardous waste in empty containers

Key definitions

• Acute hazardous waste: Hazardous wastes that meet the listing criteria in 261.11(a)(2) and therefore are either listed in 261.31 with the assigned hazard code of (H) or are listed in 261.33(e).
• Aerosol can: A non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
• Container: Any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
• Inner liner: A continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.
• Residue: The small amount of waste that is left after pouring, pumping, or aspirating materials from the container.

Summary of requirements

Understand the regulatory definition of “empty container.”

• To render a container or inner liner empty:
  • Remove all the waste that can be removed by pouring, pumping, or aspirating (whichever is the most common way to remove materials from that type of container); and
  • Leave:
    • No more than 2.5 centimeters (one inch) of residue on the bottom of the container or inner liner, or
    • No more than 3 percent by weight of the total capacity of the container 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 in the container or inner liner if the container is greater than 119 gallons in size.
• To render a container that held a compressed gas empty, such as an aerosol can, ensure the pressure in the container is almost the same as the surrounding atmosphere.
  • Check your state laws on whether you can spray the can to empty it. Also check with your state on the regulations covering can puncturing equipment.
• To render a container or inner liner that held an acute hazardous waste (such as a pesticide) empty:
  • Triple rinse the container using a solvent capable of removing the product or chemical; or
  • Use another method that has been shown by scientific literature or other tests to be equally effective in removing the product or chemical; or
  • Removing the inner liner that kept the product or chemical from containing the container.