United States
               Environmental Protection
               Agency
         OH.ce of
         Solid Waste ana
         Emergency Response
          PA
DIRECTIVE NUMBER:  9441.34(84)

TITLE: Empty Container Rule

                   »

APPROVAL DATE: n-28-84

EFFECTIVE DATE: n-28-84

ORIGINATING OFFICE: office of Solid waste

Q FINAL

D DRAFT

 LEVEL OF DRAFT

   DA — Signed by AA or DAA
   D B — Signed by Office Director
   DC — 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:   9441.34(84)
Key Words:

Regulations:

Subject:

Addressee:

Originator:

Source Doc;

Date:

Summary:
Containers

40 CFR 261.7(b)(l)

Empty Container Rule

Karl J. Klepitsch, Jr., Chief, Waste Management Branch, Region V

John H. Skinner, Director, Office of Solid Waste

#9441.34(84)

11-28-84
     In order to be considered empty, according to §261.7(b) criteria, a con-
tainer must be emptied as completely as possible using all commonly employed
methods.  If a tank car has been top unloaded, the bottom valve must also be
used.  A container that has been pumped must also have residual poured out if
additional removal is possible.  Removal to an inch or to a percentage weight
remaining in a container is not sufficient to qualify as empty if additional
emptying procedures remove more hazardous waste.

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  BJECT
                                                                   9441.34 (84)

       9 8 NfW IQP^ITE° STATES ENV>RONMENTAL PROTECTION AGENCY


      Empty Container Rule
      John H. Skinner, Director      \0  M.
  FROM Office of Solid Waste  (WH-562)  l*^
    TO
  Karl J. Klepitsch, Jr.,  Chief
  Waste Management Branch


       This is in response to your October 24, 1984, memorandum
  in which you requested a clarification of the Headquarters
  position on emptying tank cars.  Let me reiterate the position
  Alan Corson took during his conversation with Gary Victorine
  and relate it to the information included in your memorandum.
  At that time, Gary did not emphasize that the tank cars had
  bottom valves.

       Alan told Gary that if only top unloading is available, the -
  tank car is. empty only if as much has been removed as possible
  and no more than an inch or no more than 0.3% of the total capacity
  (weight) remains.  However, the Agency expects bottom valves to
  be used, when present, if they provide maximum removal of waste.

       Likewise, a 55-gallon drum should be emptied as completely
  as possible.  If pouring from an inverted drum removes more
  residual than a hand pump does, then, pouring is obligatory.  Of
  course, removal must be performed to achieve maximum possible
  removal, not just to the one-inch level or 0.3% capacity, in order
  to produce an empty container according to 40 CFR §261,7(b)(1).

       40 CFR S261.7(b)(l)(i) states in part: "All wastes have
  been removed that can be removed using the practices commonly
  employed ..., e.g., pouring, pumping, and aspirating...."  The
  August 18, 1982, preamble says that one inch of waste can be left
  in an empty container only if it remains after performing normal
  removal operations.  Taken together, these citations support the
  interpretation that all commonly employed emptying methods
  have to be employed to empty a container.  "Commonly employed"
  refers to the normal practice of industry, not to what a given
  person does.  Thus, containers that have not been subjected to
  all commonly employed methods of emptying are still subject to
  regulation.

       If you have any' further questions on this issue, please do not
  hesitate to contact Alan Corson of my staff at FTS-382-4770.


cc: Hazardous Waste Branch Chiefs, Regions I-X
EPA F«r« 1320-4 (*•». 3-74)

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