40 CFR §261.7 Empty Container Provisions
§261.7 Residues of
hazardous waste in empty containers.
(a)(1) Any hazardous waste remaining in either (i) an empty
container or (ii) an inner liner removed from an empty container,
as defined in paragraph (b) of this section, is not subject to
regulation under Parts 261 through 265, or Part 268, 270 or 124
of this chapter or to the notification requirements of Section
3010 of RCRA.
(2) Any hazardous waste in either
(i) a container that is not empty or
(ii) an inner liner removed from a container that is not empty,
as defined in paragraph (b) of this section, is subject to
regulation under Parts 261 through 265, and Parts 268, 270 and
124 of this chapter and to the notification requirements of
Section 3010 of RCRA.
(b)(1) A container or an inner liner removed from a container
that has held any hazardous waste, except a waste that is a
compressed gas or that is identified as an acute hazardous waste
listed in §§261.31, 261.32, or 261.33(e) of this chapter is
empty if:
(i) 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
(ii) No more than 2.5 centimeters (one inch) of residue remain on
the bottom of the container or inner liner, or
(iii)(A) 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 110 gallons in size, or (B) 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 110 gallons in size.
(2) A container that has held a hazardous waste that is a
compressed gas is empty when the pressure in the container
approaches atmospheric.
(3) A container or an inner liner removed from a container that
has held an acute hazardous waste listed in §§261.31, 261.32,
or 261.33(e) is empty if:
(i) The container or inner liner has been triple rinsed using a
solvent capable of removing the commercial chemical product or
manufacturing chemical intermediate;
(ii) The container or inner liner has been cleaned by another
method that has been shown in the scientific literature, or by
tests conducted by the generator, to achieve equivalent removal;
or
(iii) In the case of a container, the inner liner that prevented
contact of the commercial chemical product or manufacturing
chemical intermediate with the container, has been removed.