How to Determine if Containers are RCRA-Empty [40 CFR 261.7]

May 10, 2018

Residues of hazardous waste in containers may not be subject to the hazardous waste regulations if the containers are considered RCRA-empty as defined in 40 CFR 261.7. The definition of empty depends on the type of waste and the container.

Here’s how to determine if a hazardous waste container is considered empty:

Step 1: Determine if the waste is an acute, or non-acute hazardous waste. Acute wastes are either on the P-list at 40 CFR 261.33(e), or they are on the F-list at 40 CFR 261.31 if they are designated with the hazard code of H. Containers of acute hazardous waste are considered empty if they have been triple-rinsed using a solvent capable of removing the waste. Or, they can be cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal.

Step 2: Determine if the hazardous waste is a compressed gas. If so, skip to step 4.

Step 3: For non-acute hazardous wastes that are not gases, the container is empty if two steps are taken. First, all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating. Second, the container cannot have more than 1 inch of residue or 3% residue by weight. If the container has a capacity over 119 gallons, the percentage of residue allowed is reduced to 0.3%.

Step 4: If the hazardous waste is a compressed gas, such as in an aerosol can or compressed gas cylinder, the container is considered empty when the pressure inside approaches atmospheric pressure.

Residue remaining in containers that meet the definition of empty is not subject to the hazardous waste regulations at 40 CFR 261 and 262 through 268, 270, and 124. However, if RCRA-empty containers will be shipped off-site, the DOT hazardous materials transportation regulations could apply to the shipment if there is any residue remaining in the containers.

Learn more about how to comply with the latest hazardous waste regulations by attending Environmental Resource Center’s Hazardous Waste Management (RCRA): The Complete Course seminar or Texas or California specific seminars, Hazardous Waste Management: The Complete Course – Webcast, California Hazardous Waste Management – Webcast, or Hazardous Waste Management: Annual Update – Webcast.

Highest Rated Environmental, Safety & Transportation Training

Environmental Resource Center has provided the highest quality environmental, safety, and transportation training for over 25 years. Our instructors bring a wide range of practical experience to the classroom, conducting seminars and live webcasts with expert knowledge, interactive exercises and a fun, relaxed atmosphere. Environmental Resource Center’s classes are available as public seminars, instructor-led webcasts, self-paced online courses, and as customized on-site sessions designed to meet your company’s individual needs.

To view a complete list of Environmental Resource Center’s top-rated courses, go to www.ercweb.com/courses.

Upcoming Seminars

Raleigh – RCRA, DOT, IATA and HAZWOPER Training – May 14-16, June 18-22, July 10-12, July 26

Hilton Head – Hazardous Waste and DOT Training – May 22-24

Baton Rouge – Hazardous Waste and DOT Training – June 5-7

Chattanooga – Hazardous Waste and DOT Training – June 12-14

Baltimore – Hazardous Waste, DOT, and IATA Training – June 19-22

Dayton – Hazardous Waste and DOT Training – June 26-28

Anaheim – California Hazardous Waste and DOT Refresher Training – July 10

Macon – Hazardous Waste and DOT Training – July 17-19

Cleveland – Hazardous Waste and DOT Training – July 24-26

Special offers for Reg of the Day™ readers: Register for any of the classes listed above and you can take advantage of offers 1 and 2 or 1 and 3.

  1. Register two attendees at full price and each additional person attends the same class for half price.
  2. Save $100 off your registration when you register for both Hazardous Waste and DOT training in the same city.
  3. Register for both Hazardous Waste and DOT training in the same city and get an Amazon Fire HD 10 tablet with electronic versions of both handbooks. The Amazon Fire offer is only available by phone. Call 800-537-2372 and mention the Amazon Fire offer. Only one tablet per student per 12-month period. Students receiving tablets will not receive paper versions of our handbooks. Payment must be made prior to the date of the seminar. You will receive your tablet at the class. This offer can be combined with offer #1, but cannot be combined with offer #2 above, or any discounts, promotions, or refunds.

 

Eligible government organizations and agencies: Call Environmental Resource Center for GSA discounts.

Live Webcast Training You Can’t Afford to Miss

Environmental Resource Center’s live instructor-led webcast training is the best way to get the training you need—without leaving your office. Stay up-to-date with the latest regulations that can impact your facility and get your site-specific questions answered by our experienced, expert instructors. 

Webcast special offer:

  • Register two attendees at full price and each additional person attends the same class for half price.

 

RCRA Hazardous Waste Management – The Complete Course – May 15

DOT Hazardous Materials Training – The Complete Course – May 16

IATA: How to Ship Dangerous Goods by Air – The Complete Course – May 17

EPA’s New Hazardous Waste Generator Improvements Rule – May 23

RCRA Hazardous Waste Management – Annual Update – May 29, June 13

DOT: How to Ship Hazardous Materials by Ground – Update – May 30, June 14

IATA: How to Ship Dangerous Goods by Air – Update – May 31

HAZWOPER 8-Hour Refresher – June 5-6

EPA’s New Electronic Hazardous Waste Manifest – June 7

Stormwater Regulations – June 12

DOT/IATA: How to Ship Dangerous Goods by Ground & Air – June 19

IMDG: How to Ship Dangerous Goods by Vessel – June 20

Online Training – At Your Convenience

Learn when it’s convenient for you. Environmental Resource Center’s self-paced online training makes it easy to learn how to comply with the latest regulations that can impact your facility, and meet your training requirements in our no-sweat online courses:

 

Customized Training

All of Environmental Resource Center’s top-rated training can be customized for your site. Site-specific training is an efficient and economical way to train your employees, reducing time away from the job and travel costs.

Environmental Resource Center® will focus the scope of the training to meet your site-specific requirements, and deliver the training—at your site or as a live instructor-led or web-based session—whenever you need it.

For details or to request a quote for site-specific training, call 800-537-2372, email service@ercweb.com, or complete a training request form online.