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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