&EPA
United States Solid Waste and
Environmental Protection Emergency Response
Agency (5305W)
EPA530-R-97-049
PB98-108 046
November 1997
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Containers
(40 CFR Parts 264/265, Subpart I; §261.7)
Updated July 1997
-------
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 of the Hotline training and is not used as a reference
tool on Hotline calls. The Hotline 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, Super-fund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area)
Local number (within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703)412-9810
(800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
-------
50272-101
REPORT DOCUMENTATION
PAGE
° 1. REPORT «0.
" EPA530-R-97-049
4. Title and Subtitle
RCRA, SUPERFUND, AND EPCRA HOTLINE TRAINING NODULE: INTRODUCTION TO
CONTAINERS (40 CFR PARTS 264/265, SUSPART I; SECTION 261.7)
° 5. Report Date
° NOVEMBER 1997
6.
7. Author(s)
8. Performing Organization Rept. No
9. Performing Organization Name and Address
U.S. EPA
OFFICE OF SOLID WASTE
401 N STREET, SU
WASHINGTON. DC 20460
0 10. Project/Task/Work Unit No.
0
• 11. Contract(C) or Grant(G) No.
0 (C) 68-WO-0039
0 (G)
12. Sponsoring Organization Name and Address
BOOZ-ALLEN & HAMILTON
4330 EAST WEST HIGHWAY
BETHESDA, MARYLAND 20814
° 13. Type of Report & Period Covered
0 TRAINING - UPDATED 7/97
O
0 14.
15. Supplementary Notes
16. Abstract (Limit: 200 words)
ONE OF A SERIES OF MODULES DEVELOPED AS A TRAINING TOOL FOR HOTLINE SPECIALISTS. REVIEWS TWO SETS OF REGULATORY RE-
QUIREMENTS FOR CONTAINERS: REQUIREMENTS THAT PERTAIN TO THE MANAGEMENT OF HAZARDOUS WASTE CONTAINERS AND REGULATIONS
GOVERNING RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS. DEFINES "CONTAINER" AND "EMPTY CONTAINER" AND PROVIDES
EXAMPLES AND CITATIONS FOR EACH. PROVIDES AN OVERVIEW OF THE REQUIREMENTS FOR THE DESIGN AND OPERATION OF HAZARDOUS
WASTE CONTAINERS. EXPLAINS THE DIFFERENCE BETWEEN THE CONTAINER STANDARDS SET OUT IN PART 264 AND PART 26S. STATES
THE REQUIREMENTS FOR RENDERING A HAZARDOUS WASTE CONTAINER "RCRA EMPTY." EXPLAINS WHEN CONTAINER RINSATE MUST BE
MANAGED AS A HAZARDOUS WASTE. THE INFORMATION IN THIS DOCUMENT IS NOT A COMPLETE REPRESENTATION OF ERA'S REGULATIONS OR
POLICIES, BUT IS AN INTRODUCTION USED FOR HOTLINE TRAINING PURPOSES.
17. Docunent Analysis a. Descriptors
b. Identifiers/Open-Ended Terms
c. COSATI Field/Group
18. Availability Statement
RELEASE UNLIMITED
• 19. Security Class (This Report)0 21. No. of Pages
• UNCLASSIFIED ° 18
° 20. Security Class (This Page) ° 22. Price
0 UNCLASSIFIED ° 0.00
(See ANSI-Z39.18)
OPTIONAL FORM 272 (4-77)
(Formerly NTIS-35)
-------
-------
CONTAINERS
CONTENTS
1. Introduction 1
2. Regulatory Summary for Management of Containers 3
2.1 Applicability
3
2.2 Design Requirements
4
2.3 Operating Requirements
6
2.4 Inspections
6
2.5 Closure
7
2.6 , .Special Issues
7
3. Regulatory Summary of the Requirements for Empty Containers 9
3.1 Regulatory Standards
9
3.2 Special Issues: Aerosol Cans
1 1
-------
-------
Containers - 1
I. 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 Parts 264/265, Subpart I.
These specific requirements must be met by the owners/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 at 40 CFR §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
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.
-------
2 - Containers
"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.
-------
Containers - 3
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.
-------
4 - 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 Parts 264/265,
Subparts A through E, as well as the unit-specific requirements set out in
Parts 264/265, Subpart I. See the training module entitled TSDFs 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 Parts 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 Parts 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
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.
-------
Containers - 5
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.
-------
6 - Containers
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/operator is using a functional container,
and that the container will hold waste that is compatible with the
container itself or 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 Parts 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)).
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.
-------
Containers - 7
Appendix V in Parts 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.
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.
-------
8 - Containers
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 (§264,175(c)). Free liquids are
liquids which 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 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
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.
-------
Containers - 9
containers hold no free liquids, they do not have to be considered in
this calculation (§264.175(b)(3)).
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.
-------
10 - Containers
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 a timely
manner (§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
which 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
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.
-------
Containers - 11
requirements for inspections are detailed in §§264/265.15(d). The
owner/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.
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.
-------
12 - Containers
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
Three additional issues specific to containers merit discussion.
F-LISTED DIOXIN-CONTAINING WASTE
Specific management standards for storing F-listed dioxin-containing waste
(F020, F021, F022, F023, F026, and F027) in containers apply to both
permitted and interim status facilities. Storage in fully permitted facilities
is preferable due to the acutely hazardous nature of the waste. Permitted
container storage areas holding
F-listed dioxin-containing wastes must have a containment system as
specified in §264.175(b), even if those containers contain no free liquids
(§264.175(d)(l)).
Although EPA would prefer that dioxin-containing wastes be managed at
permitted facilities because of their extreme toxicity, the Agency has been
concerned about possible shortages in short-term management capacity.
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.
-------
Containers - 13
Therefore, certain types of interim status storage facilities may be able to
provide adequate management in the short term. The Agency contends
that interim status container storage facilities do provide sufficient control
of these wastes to prevent a substantial environmental hazard or an
unreasonable risk. Interim status container storage facilities accepting
dioxin-containing wastes must meet most of the requirements for fully
permitted container facilities while operating under interim status. These
requirements include spill prevention, management, and inspection of
containers (§§265.171-.174).
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.
-------
14 - Containers
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 Parts 264/265, Subparts AA,
BB, and CC, within specified timeframes (§264.179/§265.178). See the
module entitled Air Emissions Standards for more details about the
Subpart AA, BB, and CC requirements.
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 (as defined in §260.10) or the addition of waste to
absorbent material in a container, provided that these actions occur at the
time the 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 and the absorbent material 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.
-------
Containers - 15
3. REGULATORY SUMMARY OF THE
EMPTY CONTAINER REQUIREMENTS
The regulations at §261.7 define when hazardous waste residue in an
e.mpty 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/
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))
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.
-------
16 - Containers
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
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.
-------
Containers - 17
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 inner liner removed from a container holding nonacute
hazardous waste as identified in Part 261, Subparts C and 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 cm (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)).'
Common emptying methods might remove the liquid phase of the waste;
however, solids or semisolids might adhere to the sides of the container.
The definition of empty container therefore states that in addition to
emptying the container using common practices, no more than 2.5 cm (1
in) of material may remain in the container for it to be considered empty.
If common practices are not used to empty the container, then the weight
determination must be used.
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, including the requirements for
determining hazardous waste characteristics. 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.
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.
-------
18 - 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 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. When the aerosol can is holding a liquid, the applicability
of the regulations depend on whether the can is being sent for scrap metal
recycling or disposal. 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.
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.
------- |