The issue of waste residues in your “empty”containers

Under 40 CFR 261.7(b)(1), a container (equal to or less than 110 gallons capacity) that used to contain non-acute hazardous wastes is considered to be “RCRA empty” if all wastes have been removed using “commonly employed practices” AND there is no more than 3 percent by weight of the total capacity of the container left OR no more than one inch of residue left on the bottom of the container.

The waste residues in these “RCRA empty” containers are exempt from RCRA regulations due to their small quantities.

empty containers However, the container itself is not exempt. You still need to determine if the container itself exhibits one or more of the four RCRA characteristics (ignitability, corrosivity, reactivity and toxicity).


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