United States
Environmental
Protection Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-R-99-044
PB2000-101 884
February 2000
RCRAf Superfund & EPCRA
Hotline Training Module
Introduction to:
Containers
(40 CFR Parts 264/265, Subpart I; §261.7)
Updated October 1999
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is intended to
be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity ofthe Hotline training and is not usedas a reference toolon Hotlinecalls.
The Hotline revises and updates this document as regulatory programareas change.
The information in this docume nt may not necessarily reflect the current position of the Agency. This document is
not intended and cannot be relied upon to create any rights, subs tan live orprocedural, enforceable by any party in
litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
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CONTAINERS
CONTENTS
1. Introduction 1
2. Regulatory Summary for Management of Containers 2
2.1 Applicability 2
2.2 Design Requirements 3
2.3 Operating Requirements 4
2.4 Inspections 5
2.5 Closure 6
2.6 Special Issues 6
3. Regulatory Summary of the Requirements for Empty Containers 8
3.1 Regulatory Standards 8
3.2 Special Issues: Aerosol Cans 10
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Containers - 1
1. INTRODUCTION
Containers represent one of the most commonly used and diverse forms of hazardous
waste storage. Compared to tanks or surface impoundments, containers are less
expensive and generally less difficult to manage. Containers are also mobile, allowing
an owner/operator to use only one unit for storage, transportation, and disposal. Prior
to regulation under the Resource Conservation and Recovery Act (RCRA), however,
containers were frequently mismanaged or abandoned. When the abandoned
containers became weathered or corroded, the hazardous contents were released,
posing a far-reaching danger to human health and the environment.
This module reviews two sets of regulatory requirements for containers: requirements
that pertain to the management of hazardous waste containers, and regulations
governing residues of hazardous waste in empty containers. The regulations covering
management of hazardous waste stored in containers are found in 40 CFR Part 264/265,
Subpart I. These specific requirements must be met by the owners and operators of
treatment, storage, and disposal facilities (TSDFs) and generators who accumulate
hazardous waste in containers.
The regulations covering the management of container residues and the definition of.
when residues in containers are exempt from regulation are found in §261.7. These
regulations set out procedures for establishing a container as "empty." Since empty
containers no longer contain hazardous waste, these regulations are also used to
determine when containers are no longer subject to the requirements of RCRA.
When you have completed this module you will be able to apply the appropriate
regulations governing hazardous waste containers when assisting Hotline callers.
Specifically, you will be able to:
• Find the definitions of "container" and "empty container," and provide examples
and citations for each
• Provide an overview of the requirements for the design and operation of
hazardous waste containers
• Explain the difference between the container standards set out in Part 264 and
Part 265
• State the requirements for rendering a hazardous waste container "RCRA empty"
• Explain when container rinsate must be managed as a hazardous waste.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2 - Containers
2. REGULATORY SUMMARY FOR MANAGEMENT
OF CONTAINERS
Containers storing hazardous waste at permitted and interim status facilities are subject
to the general facility standards under Part 264/265, Subparts A through E, as well as
the unit-specific requirements set out in Part 264/265, Subpart I. (See the training
module entitled RCRA Treatment, Storage, and Disposal Facilities for more information
about the general facility standards.) When EPA promulgated the unit-specific
requirements for hazardous waste containers, the Agency emphasized that although
mismanagement of containers has caused some of the worst contamination, relatively
few regulations would be needed to eliminate most of these problems. These
straightforward regulations are viewed simply as "good management practices."
The regulations for containers found under Part 264/265, Subpart I, include provisions
regarding design and operating requirements, inspections, and closure. These
requirements are designed to ensure that the integrity of the container is not breached;
thus the same standards apply regardless of whether the containers are used for
treatment or storage.
Since the interim status standards (Part 265) are designed to regulate existing facilities
until they can comply with the permitted standards (Part 264), certain portions of the
container regulations for interim status facilities are less stringent than those for
permitted facilities. Specifically, Part 265, Subpart I, regulations do not address
requirements for secondary containment or closure as do the standards in Part 264,
Subpart I. Therefore the discussions of these standards will only cite Part 264
standards.
The following is a summary of the regulations affecting containers used to store
hazardous waste.
2.1 APPLICABILITY
Unless the container is specifically exempted from regulation under §§264.1 or 265.1, all
containers storing hazardous waste must comply with the regulations found under Part
264/265, Subpart I. Hazardous waste containers at generator sites must be in
compliance with the Part 265 standards as well. A container is any portable device in
which a material is stored, transported, treated, disposed of, or otherwise handled
(§260.10). This definition is intentionally broad to encompass all the different types of
portable devices that may be used to handle hazardous waste. A container may be a 55-
gallon drum made from steel or plastic, a large tanker truck, a railroad car, a small
bucket, or a test tube.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Containers - 3
Storage means holding hazardous waste for a temporary period, at the end of which the
hazardous waste is treated, disposed of, or stored elsewhere. Again, this definition is
made intentionally broad to include any situation in which hazardous waste is held for
any period of time.
2.2 DESIGN REQUIREMENTS
The regulations governing the design of a container storage area are intended to ensure
that the waste will not escape the storage area. These regulations ensure that the
owner/opera tor is using a functional container, and that the container will hold waste
that is compatible with the container itself and other wastes in the container. In
addition, the containers must be placed in a containment area designed to prevent
releases from the containers from reaching the environment. The following sections
detail these requirements.
CONDITION OF CONTAINER
Containers that are deteriorating (e.g., cracked, rusted) or leaking must not be used.
Waste stored in defective containers must be transferred to containers in good condition
or handled in another way that satisfies the requirements of Part 264/265
(§§264/265.171).
COMPATIBILITY WITH WASTE
Sections 264/265.172 and 264/265.177 both regulate situations involving incompatible
wastes. The term incompatible waste refers to a hazardous waste which is unsuitable
for (1) placement in a container because it may cause corrosion or decay of the container
or inner liner; or (2) commingling with another waste or material under uncontrolled
conditions because it might produce heat or pressure, fire or explosion, violent reaction,
toxic dusts, mists, fumes or gases, or flammable fumes or gases (§260.10).
Containers used to store hazardous waste must be made of or lined with materials that
will not react with and are otherwise compatible with the waste in the container
(§§264/265.172). Incompatible wastes and materials must not be placed in the same
container (§§264/265.177). This requirement includes unwashed containers that
previously held an incompatible waste or material. Incompatible wastes or materials
can only be mixed in a manner that will not cause an adverse reaction, such as an
explosion or uncontrolled flammable fumes (§§264/265.17(b)).
Appendix V in Part 264/265 provides a list of potentially incompatible wastes. The list
is not intended to be exhaustive. Adequate analysis should be performed to avoid
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - Containers
creating uncontrolled hazards such as heat generation, violent reaction, fire, explosion,
and generation of flammable or toxic gases.
CONTAINMENT
As mentioned in the summary, the regulations for containment only apply to permitted
facilities under Part 264, not facilities operating under interim status. In general, the
interim status regulations are less comprehensive because some of the regulations for
permitted facilities require the retrofit of equipment, which could place undue burden
on the facilities. Therefore, only permitted container storage areas must have a
secondary containment system (§264.175(a)). Secondary containment provides a
backup system to prevent a release into the environment should primary containment
(i.e., the container) fail. This usually consists of a poured concrete pad or other
impervious base with curbing to prevent releases of hazardous waste into the
environment and to allow drainage of any accumulated liquid to a sump, tank, or other
container.
Storage areas holding containers with no free liquids are not required to have
secondary containment systems provided that{l) the storage area is sloped or
otherwise designed and operated to remove precipitation; or (2) the containers are
elevated or otherwise protected from contact with accumulated liquid (§264.175(c».
Containers holding listed dioxin wastes (i.e., F020, F021, F022, F023, F026, and F027) are
not eligible for the exemption. Free liquids are liquids that readily separate from the
solid portion of a waste under ambient temperature and pressure (§260.10). The
Agency requires-use-ef the Paint Filter Liquids Test (PFT), Method 9095, to determine
whether sludges or semisolids contain free liquids (Test Methods for Evaluating Solid
Waste: Physical/Chemical Methods, EPA SW-846, provides information on test
methods).
Technical Requirements
At a minimum, the secondary containment system must meet certain criteria designed
to ensure that the waste will remain in the containment system until it is removed in a
"timely" manner. Specifically, the containment system must meet the following
requirements:
• The base must be free of cracks or gaps and must be sufficiently impervious to
contain leaks, spills, and accumulated precipitation (§264.175(b)(l))
• The base must be sloped or the system must be designed so that liquids resulting
from releases can drain and be removed. This is not necessary if the container is
elevated (e.g., on pallets) or otherwise protected from contacting accumulated
liquids (§264.175(b)(2))
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Containers - 5
• The secondary containment system must have the capacity to contain at least 10
percent of the volume of the containers or 100 percent of the volume of the
largest container — whichever is greater. If containers hold no free liquids, they
do not have to be considered in this calculation (§264.175(b)(3))
• Stormwater run-on must be prevented from entering the system unless the
collection system has sufficient capacity to contain any run-on entering the
system in addition to the capacity requirements (§264.175(b)(4))
• Any waste that has spilled or leaked into the secondary containment area or any
accumulated precipitation must be removed in as timely manner as is necessary
to prevent overflow (§264.175(b)(5)).
2.3 OPERATING REQUIREMENTS
Even the most well-designed storage areas can fail if the containers and the waste are
not handled properly. When EPA promulgated the rules for container storage areas,
the Agency believed that the following operating guidelines would curtail the bulk of
container mismanagement in the United States. Note that although secondary
containment is addressed under the design requirements, there are also specific
requirements to maintain the secondary containment properly.
MANAGEMENT OF CONTAINERS
Under §§264/265.173, containers holding hazardous waste must always be closed
during storage, except when waste is added or removed. In addition, containers must
not be handled, opened, or stored in a manner that may cause them to leak.
IGNITABLE AND REACTIVE WASTES
Containers holding ignitable or reactive wastes must be located at least 15 meters
(50 feet) from the facility's property line (§§264/265.176). This requirement is
sometimes referred to as the buffer zone requirement, because it creates a zone of
protection between waste storage and adjoining properties. The general facility
standards of §§264/265.17(a) specify additional requirements for ignitable and reactive
wastes.
2.4 INSPECTIONS
At least once a week, container storage areas must be visually inspected for leaking and
deteriorating containers (§§264/265.174). Recordkeeping requirements for inspections
are detailed in §§264/265.15(d). The owner/opera tor must record inspections in a log,
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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6 - Containers
including the date and time of the inspection, the name of the inspector, observations
made, and the date and nature of any repairs. These records must be kept for a
minimum of three years from the date of inspection.
2.5 CLOSURE
As mentioned in the summary, specific closure requirements for containers appear only
in the regulations for permitted facilities. At closure, all hazardous waste and
associated residues must be removed from the container storage area. Remaining
containers, liners, bases, and soil contaminated with hazardous waste must be
decontaminated or removed (§264.178).
Although no container closure requirements appear in the regulations under Part 265,
Subpart I, the general closure standards of Part 265, Subpart G, are applicable (47 FR
2831; January 12,1981). Section 265.114 requires that wastes be removed from storage
facilities at closure and that structures and equipment be disposed of or
decontaminated.
At closure, the owner or operator must determine whether any solid waste (e.g.,
residues) removed from the containment system is hazardous waste. If an
owner/operator determines the solid waste is hazardous waste, he or she is considered
the generator of the waste and must manage it in compliance with all applicable
requirements of Parts 262 through 266.
2.6 SPECIAL ISSUES
Two additional issues specific to containers merit discussion.
AIR EMISSIONS STANDARDS
On December 6,1994 (59 FR 62896), EPA published a final rule promulgating air
emission standards for containers, tanks, and surface impoundments at treatment,
storage, and disposal facilities, and large quantity generator sites. This rule, as
amended by the November 25,1996 Federal Register (61 FR 59932), requires owners
and operators of hazardous waste containers to comply with Part 264/265, Subparts
AA, BB, and CC, within specified timeframes (§§264.179/265.178). EPA added
revisions to the air emissions standards on December 8,1997 (62 FR 64636) and January
21,1999 (64 FR 3382). See the module entitled Air Emissions Standards for more details
about the Subpart AA, BB, and CC requirements.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Containers - 7
ADDITION OF ABSORBENT MATERIAL TO CONTAINERS
Under §§264.1(g)(10) and 265.1(c)(13), the addition of absorbent material to waste in a
container or the addition of waste to absorbent material in a container provided that
these actions occur at the time waste is first placed in the container, does not constitute
treatment requiring interim status or a permit. The absorbent treatment process must
take place in a container with solid structural integrity, and the waste, the absorbent
material, and the container must be compatible.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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8 - Containers
3. REGULATORY SUMMARY OF THE EMPTY
CONTAINER REQUIREMENTS
The regulations at §261.7 define when hazardous waste residue in an empty container is
exempt from regulation. These regulations set out the requirements for rendering a
container or inner liner "empty." To distinguish between the usual meaning of the word
"empty" and the strict regulatory definition, the phrase "RCRA empty" is sometimes
used. Any hazardous waste remaining in either a RCRA empty container or inner liner
is not subject to regulation under RCRA Subtitle C. EPA promulgated these regulations
to give guidance to owners and operators on how to empty their containers so that the
containers are no longer subject to regulation, even if some residues remain in the
container. Therefore, these regulations allow an owner/operator to reuse containers or
inner liners meeting the provisions of §261.7 since the container is no longer considered
to hold hazardous waste.
3.1 REGULATORY STANDARDS
Throughout this section, there will be references to the term "inner liner." This term
refers to a continuous layer of material placed inside a tank or container which protects
the construction materials of the container from contact with the contained waste or
reagents used to treat the waste (§260.10). The following is a summary of the standards
for rendering a container or inner liner RCRA empty.
GASES
Containers holding compressed gases that are hazardous wastes are considered empty
when the pressure in the container approaches atmospheric pressure (§261.7(b)(2)).
ACUTELY HAZARDOUS WASTE
A container or inner liner of a container holding acutely hazardous waste (i.e., all P-
listed wastes and other hazardous wastes with the designated hazard code H) is empty
when one of the following conditions is met:
• The container has an inner liner which prevents contact with the container and
the liner is removed (§261.7(b)(3)(iii))
or
• The container has been triple rinsed with a solvent appropriate for removing the
acutely hazardous waste (§261.7(b)(3)(i))
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Containers - 9
or
When triple rinsing is inappropriate, an alternate method is used
To date, EPA has not defined triple rinsing in the regulations or in interpretative
guidance. The rinsate is considered acutely hazardous waste according to the mixture
rule; however, the act of triple rinsing is not considered treatment (45 FR 78528;
November 25, 1980).
OTHER HAZARDOUS WASTE
A container or an inner liner removed from a container holding nonacute hazardous
waste as identified in Part 261, Subpart D, is empty when:
• All wastes have been removed using practices commonly employed industry-
wide to remove wastes from containers or liners, such as pouring, pumping,
aspirating, and draining (§261.7(b)(l)(i))
and
• No more than 2.5 centimeters (1 inch) of material remains in the container or
liner (§261.7(b)(l)(ii))
or
• No more than 3 percent by weight of the container remains for containers with a
capacity of 110 gallons or less, and no more than 0.3 percent by weight remains
for containers with a capacity greater than 110 gallons (§261.7(b)(l)(iii)).
RESIDUES FROM EMPTY CONTAINERS
Residues remaining in a RCRA empty container are exempt from Subtitle C regulation.
Likewise, residues removed from an empty container (i.e., removed after the container
meets the regulatory definition of empty) are also exempt from Subtitle C requirements.
In contrast, residues removed from a container that is not RCRA empty or that result
from rendering a container empty are fully subject to Subtitle C. Whether rinsate of an
empty container that exhibits a characteristic of hazardous waste is exempt or regulated
is currently under review by EPA.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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10-Containers
3.2 SPECIAL ISSUES: AEROSOL CANS
A recurring issue within the container and empty container regulations is the
puncturing or venting of aerosol cans. The issue stems partly from the applicability of
the empty container regulations to aerosol cans, and partly from the issue of whether
the can itself is considered to be part of the waste.
In general, aerosol cans are capable of holding either compressed gas or liquid. If the
can is sent for scrap metal recycling, the can and its contents are exempt from regulation
as a scrap metal under §261.6(a)(3)(iii). The act of emptying the can may be an exempt
recycling activity under §261.6(c), and any residues from emptying the can would be
regulated if they are listed or exhibit a characteristic of hazardous waste. If the can is
sent for disposal, both the contents of the can and the can itself are subject to regulation.
To dispose of the aerosol can as nonhazardous, the can must be RCRA empty according
to §261.7, and the can itself must not qualify as a hazardous waste. If the aerosol can is
holding a compressed gas, it is unclear whether the act of venting to render the can
empty would constitute treatment. This question must be answered by the appropriate
EPA Region or authorized state.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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