PA
United States
Environmental Protection
Agency
OH.ce of
Solid Waste ana
Emergency Response
DIRECTIVE NUMBER: 9441.25(84)
TITLE: Definition of "Empty Container"
»
APPROVAL DATE: 9-10-84
EFFECTIVE DATE: 9-10-84
ORIGINATING OFFICE: office of solid waste
H FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OS WER OS WER OS WER
VE DIRECTIVE DIRECTIVE Dl
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PART 261 SUBPART A - GENERAL DOC: 9441.25(84)
Key Words: Containers
Regulations: 40 CFR 261.33(e)
Subject: " Definition of "Empty Container"
Addressee: George Noble, Nobel & Associates, Inc., Westmoreland Building,
Old Orchard Road, Skokie, Illinois 60077
Originator: Alan S. Corson, Chief, Studies and Methods Branch
Source Doc: #9441.25(84)
Date: 9-10-84
Summary:
There are three kinds of empty containers:
1) Containers that hold compressed gas are empty when they approach
atmospheric.
2) Containers that hold acutely hazardous waste from §261.33(e) are empty
when they are triple rinsed, the liner is removed, or an equivalent
removal method is employed. Rinsate from containers that formerly
held an acutely hazardous commercial chemical product is, by the mix-
true rule, a listed hazardous waste subject to RCRA regulation.
3) All other containers are empty when they have been emptied (by their
normal means) and one inch or less remains in the bottom or a given
percentage by weight of the contents remains.
Residue that remains in an empty container is not considered, by definition,
to be a hazardous waste. The contents of an empty container are only hazardous
if they exhibit a characteristic.
States' hazardous waste programs that operate in lieu of RCRA may have
slightly different viewpoints on this issue.
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9441.25 (84*
ss> lose*
Noble
Nobel & Associates, inc.
Westmoreland Building
old Orchard Road
Skokie, IL 60077
nonr Oeorgo,
This will rocap our telephone conversation and clarify the
Agency position on residues from empty containers. EPA recognizes
three kinds of empty containers. Containers, that hold compressed
gas are empty when.they approach atmospheric. Containers that
hold acutely hazardous waste fron £261.33 (e) are empty when
thoy are triple rinsed, tho liner is removed, or an equivalent
removal method is employed. Rinsato from containers that forner-
ly held an acutely hazardous conmorcial chemical product is, by
the mixture rule, a listed hazardous waste subject to RCRA
regulation. All other containers are empty when they have
boen emptied (by their normal means)' and one inch or less '
remains in the bottom or a given percentage by weight of the
contents remains.
Residue that remains in an crafty container is not con-
sidered, by definition, to be a hazardous waste. The contents
of an empty container are only hazardous if they are hazardous
by characteristic. As I told you," not all harmful waste
would exhibit a characteristic. Although the residue remaining
in empty containers is not presently a.n issue under review,
the Agency has retafned the the right to regulate rt at a future
date.
As you know, the 44 States and territories that have
instituted hazardous waste programs that operate in lieu of
RCRA nay have slightly different viewpoints on this issue.
You should be familiar with regulatory standards of any States
you deal with. The RCRA/Superfund Hotline at 800-42-l-<>346
can send you a copy of the State hazardous waste agency addresses
and phono numbers if you need it.
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Although the unregulated residues in enpty containers is
still of concern, at present EPA resources are being employed
for othor, higher priority, projects, if you have any other
questions on the Agency position regarding possible future
regulation of residua from empty containers, please let me know.
•^"
Sincerely yours,
Alan S. Corson
Chief
Studies and Methods Branch
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Noble & Associates Inc Environmental Consultants
Westmoreland Building
Old Orchard Road
. Skotie, Illinois 60077
(312) 677-8410
August 20, 1984
Alan Corson
U.S. Environmental Protection Agency
Washington, D.C. 20460
Re: Rinsate from Empty Containers
•
Dear Alan,
*
Further to our recent telephone conversations, I would like
to formally request an opinion on the subject of rinsate
from empty containers..
As you know 40CFR261.7, establishes an exemption for
"Residues of Hazardous Wastes in Empty Containers."
However, the August 18, -1982, preamble to this regula-
tion created an expectation that we might in the near
futura see some new regulation which would control these
residues after removal from the container.
If I understand you correctly, the current view is that
these residues (from empty containers) are thought to
be less of a problem than was supposed at the time the
preamble was drafted and that EPA does not propose to
regulate them.
I would very much appreciate a confirmation of the current
EPA position on this subject.
Your
corge Noble,*P.E.
Copy to: Mark Wright
Steve Rubin
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