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 ------- 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. ------- 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. ------- 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 ------- 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 ------- |