&EPA
               United States
               Environmental Protection
               Agency
            OHice of
            Solid Waste ana
            Emergency Response
DIRECTIVE NUMBER:  9441.26(84)

TITLE: Definition of "Empty Container" Removal Methods


APPROVAL DATE:  9-11-84

EFFECTIVE DATE:  9-11-84

ORIGINATING OFFICE: office of solid waste

H FINAL

D DRAFT

 LEVEL OF DRAFT

   D A — 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:  9441.26(84)
Key Words:

Regulations^

Subject:

Addressee:


Originator:

Source Doc:

Date:

Sir-unary:
Containers

40 CFR 261.7(b)(l), 261.33(f)

Definition of "Empty Container" Removal Methods

William M. Parker, III, Akzo Chemie America, 300 South Wacker Dr.,
Chicago, Illinois  60606

Alan S. Corson, Chief, Studies and Methods Branch
                                      \
#9441.26(84)

9-11-84
     According to 40 CFR §261.7(b)(1), containers that held commercial chemical
products from 40 CFR §261.33(f) are empty when common emptying practices have
been used to remove materials and no more than one inch of residue remains on
the bottom of the container; or, if the container is 110 gallons or less in
size, no more than 3 percent of the weight of the container's capacity remains.
Pouring contents out of a bag and then shaking and tapping the outside of a bag
is a common emptying practice that would probably result in an empty container
according to the RCRA definition and would not be subject to RCRA.
     States'  hazardous waste programs that operate in lieu of RCRA may have
slightly different viewpoints on this issue.

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                                                        9441.26 0
 Mr.  William M.  Parker  ill                «p } I
 Akzo Chemie America                      *^
 300  South Wacker  Drive
 Chicago, IL 60606
                   •
 Dear Mr. Parker;

      I a.i» responding to your  request for a  written confirmation
 o£ the interpretation that tne  RCRA/Superfund Hotline  gave  you.
 According to 40 CFR $261«7(b)(1),  containers  that held commercial
 chemical products from 40 C?ft $261.33(f)  are  etapty when they
 have oeen emptied using the practice commonly used to  remove
 materials and no  more than one  inch  of  residue remains on the
 bottom of the container, or no  more  than 3  percent of  the weight
 of the container's capacity remains  if  the;container is 110 .,'
 gallons or less in size. .v •     "  ;'  "    •,''.         •:  •  " "
         •  .                      '•>•''•'':     •   .
      Thus, pouring out the contents  from a  bag,  then shaking
 and  tapping the outside of bags containing  solid maleic anhydride •
 (U147) or solid phthalic anhydride (U190) is"a common  emptying
 practice.  This practice would  likely result  in  empty  containers
 meeting the definition cited  above.   These  "empty containers* are
 not  suoject to  Federal RCRA regulation.  „     .
  «                            *                           *.         f •
      of course, the 44 States and  territories that have instituted.
 nazardous waste programs that operate in lieu of RCRA  may have
 slightly different viewpoints on  this issue.   You should be
 familiar with regulatory standards of any States you deal with
 The  RCRA/Superfund Hotline (800/424-9346) can send you a
 list of the State hazardous waste  agency addresses and phone
.numbers if you  need it.   .:     ;   '       /'.•••'.••'

      I am glad  to be able  to  confirm the Hotline's assessment
 of your emptying  practices.-   Let ne  know if I can be of any
 future assistance.   •              "-  —"- '•    •  '

                              Sincerely yours.
                              Alan  S.  Corson
                                    Chief    '    .
                         Studies  and Methods  Branch

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