RCRA
The regulations in 40 CFR 261.7 define when hazardous waste residue in an empty container is exempt from regulation. These regulations specify the requirements for rendering a container or inner liner "RCRA empty". Hazardous waste remaining in either a RCRA empty container or inner liner is not subject to regulation under RCRA Subtitle C.
A container or an inner liner removed from a container holding nonacute hazardous waste as identified in Part 261, Subpart C or Subpart D, is empty when either of the following has been met:
- All wastes have been removed using practices commonly employed industry wide to remove
wastes from containers or liners, such as pouring, pumping, aspirating, and draining
(26 1.7(b)(1)(i)) and no more than 2.5 centimeters (1 inch) of material remains in the
container or liner(261.7(b)(1)(ii)).
- No more than 3 percent by weight of the container remains for containers with a capacity of
119 gallons or less, and no more than 0.3 percent by weight remains for containers with a capacity greater than 119 gallons (261.7(b)(1)(iii)).
A container or inner liner removed from a container holding acute hazardous waste as identified in Part 261, Subpart D, is empty when either of the following has been met:
- The container or inner liner has been triple rinsed using a solvent capable of removing the
commercial chemical product or manufacturing chemical intermediate(261.7(b)(3)(i).
- The container or inner liner has been cleaned by another method that has been shown in scientific literature, or by tests conducted by the generator, to achieve equivalent removal
(261.7(b)(3)(ii); or 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.
A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric (261.7(b)(2).
How much material does 1 inch in a typical 55 gallon container represent? Using volume of a cylinder 3.14(r2)h and assuming a typical drum is 34" tall and 23" in diameter:
The answer is 1.8 gallons, ~3.3% can remain in a typical 55 gallon drum and be considered "RCRA empty"
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