&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.

-------