Solid Waste and Emergency Response
(5305W)
EPA530-R-04-006
Training Module
Introduction to
Containers
(40 CFR Parts 264/265,
Subpartl;§261.7)
United States
Environmental Protection
Agency
September 2003
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DISCLAIMER
This document was developed by Booz Allen Hamilton under contract 68-W-01-020 to EPA.
It is intended to be used as a training tool for Call Center 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 of the Call Center training and
is not used as a reference tool on Call Center calls. The Call Center revises and updates this
document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency.
This document is not intended and cannot be relied upon to create any rights, substantive or
procedural, enforceable by any party in litigation with the United States.
RCRA, Superfund & EPCRA Call Center 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 Call Center is open from 9 am to 5 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 5
2.6 Special Issues 6
3. Regulatory Summary of the Requirements for Empty Containers 7
3.1 Regulatory Standards 7
3.2 Special Issues: Aerosol Cans 8
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Containers - 1
1. INTRODUCTION
Containers represent one of the most commonly used and diverse forms of units for 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 or 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 regarding the management of empty containers and residues remaining in empty
containers 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 RCRA requirements.
When you have completed this module you will be able to apply the appropriate regulations
governing hazardous waste containers and specifically 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
Use this list of objectives to check your knowledge of this topic after you complete the training
session.
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 Call Center 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 in Part 264/265, Subparts A through E, as well as the unit-specific
requirements 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 in 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 in Part 265 are designed to regulate existing facilities until
they can comply with the permitted standards, certain portions of the container regulations for
interim status facilities are less stringent than those for permitted facilities. Specifically, the Part
265, Subpart I, regulations do not address requirements for secondary containment or closure,
whereas the standards in Part 264, Subpart I do. Therefore, the discussions of these standards
will only cite Part 264 standards.
The following is a summary of the regulations affecting containers used to treat or store
hazardous waste.
2.1 APPLICABILITY
Unless a container is specifically exempted from regulation in §264/ 265.1, all containers storing
hazardous waste must comply with the regulations found in 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. For example, 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.
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.
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 Call Center training purposes.
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Containers - 3
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 or operator 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 in Part 264/265 (§264/265.171).
COMPATIBILITY WITH WASTE
Sections 264/265.172 and 264/265.177 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 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,
not generators or 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.
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 Call Center training purposes.
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4 - Containers
Storage areas holding containers with no free liquids are not required to have secondary
containment systems provided that (1) 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 of 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, however, if the container is
elevated (e.g., on pallets) or otherwise protected from contacting accumulated liquids
(§264.175(b)(2)).
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 a 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
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 Call Center training purposes.
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Containers - 5
requirements, there are also specific requirements to maintain the secondary containment
properly.
MANAGEMENT OF CONTAINERS
Containers holding hazardous waste must always be closed during storage, except when waste is
added or removed (§264/265.173). 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 in §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 or operator must record inspections in a log, 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 regulatory summary, specific closure requirements for containers only apply
to 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 are in Part 265, Subpart I, the general closure
standards in Part 265, Subpart G, are applicable to interim status facilities (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 or operator determines
the solid waste is hazardous waste, that individual is considered the generator of the waste and
must manage it in compliance with all applicable requirements in Parts 262 through 266.
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 Call Center training purposes.
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2.6 SPECIAL ISSUES
In addition to those regulations heretofore discussed, there are two issues specific to containers
that are worthy of discussion. Containers are subject to certain air emissions standards, and there
are regulations that govern the addition of absorbent material to containers.
AIR EMISSIONS STANDARDS
On December 6, 1994, 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 (59 FR 62896). 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 time frames (§§264.179
and 265.178). EPA further revised 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.
ADDITION OF ABSORBENT MATERIAL TO CONTAINERS
Per §§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 Call Center training purposes.
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Containers - 7
3. REGULATORY SUMMARY OF THE EMPTY
CONTAINER REQUIREMENTS
The regulations in §261.7 define when hazardous waste residue in an empty container is exempt
from regulation. These regulations specify 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 advise owners and operators how to
empty their containers so that the containers would no longer be subject to regulation, even if
some residues remain in the container. Therefore, these regulations allow an owner or operator
to reuse containers or inner liners meeting the provisions in §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 that 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 that 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)), or
• when triple rinsing is inappropriate, an alternate method is used (§261.7(b)(3)(ii)).
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 78524, 78528; November 25, 1980).
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 Call Center training purposes.
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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
• 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)).
EPA is proposing to change the 110 gallon container capacity to conform with the
DOT definition for bulk packaging that includes any container with a capacity
greater than 119 gallons. Thus, this proposal would modify the regulations so that
§261.7(b)(l)(iii) would define a container as empty if no more than 3 percent by
weight of the container remains for containers with a capacity of 1 19 gallons or less,
and no more than 0.3 percent by weight remains for containers with a capacity
greater than 119 gallons (66 FR 28240, 28250; May 22, 2001).
RESIDUES FROM EMPTY CONTAINERS
Residues remaining in a RCRA empty container are exempt from Subtitle C regulation.
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 residues or rinsate from an empty
container that exhibits a characteristic of hazardous waste are exempt or regulated is currently
under review by EPA.
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 scrap metal per
§261.6(a)(3)(iii). The act of emptying the can may be an exempt recycling activity per
§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
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 Call Center training purposes.
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Containers - 9
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 Call Center training purposes.
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