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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