40 C.F.R. § 261.7

Residues of hazardous waste in empty containers

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(a)(1) Any hazardous waste remaining in either: an empty container; or an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under parts 261 through 268, 270, or 124 this chapter or to the notification requirements of section 3010 of RCRA.

(2) Any hazardous waste in either a container that is not empty or an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section, is subject to regulation under parts 261 through 268, 270 and 124 of this chapter and to the notification requirements of section 3010 of RCRA.

(b)(1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in §§ 261.31 or 261.33(e) of this chapter is empty if:

(i) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and

(ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or

(iii)(A) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size; or

(B) No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.

(2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.

(3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in §§ 261.31 or 261.33(e) is empty if:

(i) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;

(ii) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or

(iii) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.

(c) Containers of hazardous waste pharmaceuticals are subject to § 266.507 for determining when they are considered empty, in lieu of this section, except as provided by § 266.507(c) and (d).

[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 7, 1986; 70 FR 10815, Mar. 4, 2005; 70 FR 53453, Sept. 8, 2005; 75 FR 13002, Mar. 18, 2010; 84 FR 5939, Feb. 22, 2019]

Notes of Decisions

Cited in 6 cases, 1983–2013 · leading case: California v. M & P INVESTMENTS, 308 F. Supp. 2d 1137 (E.D. Cal. 2003).

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California v. M & P INVESTMENTS, 308 F. Supp. 2d 1137 (E.D. Cal. 2003). · cites it 8× “) As its sole authority, Lodi cites an EPA regulation, 40 C.F.R. § 261.7 , which deals with residual waste.”

Crockett v. Uniroyal, Inc., 772 F.2d 1524 (11th Cir. 1985). · cites it 2× “Residual waste is dealt with in EPA regulation, 40 C.F.R. § 261.7 . That section provides as follows: Residues of hazardous waste in empty containers.”

K.P. McNamara Nw., Inc. v. Dep't of Ecology, 292 P.3d 812 (Wash. Ct. App. 2013). · cites it 2× “Is [KP McNamara] required to obtain a permit or to comply with the requirements for operating a dangerous waste treatment, storage and disposal [TSD] facility if [KP McNamara] receives from off-site generators containers [that] are not “empty” pursuant to [former] WAC…”

Crockett v. Uniroyal, Inc., 592 F. Supp. 821 (M.D. Ga. 1984). “If a rail car qualifies as “empty” under 40 C.F.R. § 261.7 (1983), a hazardous waste manifest is not required.”

United States v. Elias, 27 F. App'x 750 (9th Cir. 2001). “4 Moreover, even if Elias’s tank could be characterized as a “container,” the instruction he sought would not have been warranted because there was no evidence that it was “empty” within the meaning of 40 C.F.R. § 261.7 (b). Finally, the district court did not err in failing to…”

Opinion No. (1983) (Mo. Att'y Gen. 1983). · cites it 6× “40 CFR 261.7 and 261.33 (c). However, the state has chosen to regulate containers and inner liners in which hazardous wastes are found, as well as regulating the wastes themselves.”

— 40 C.F.R. § 261.7(b)(1) — 1 case

K.P. McNamara Nw., Inc. v. Dep't of Ecology, 292 P.3d 812 (Wash. Ct. App. 2013). “Is [KP McNamara] required to obtain a permit or to comply with the requirements for operating a dangerous waste treatment, storage and disposal [TSD] facility if [KP McNamara] receives from off-site generators containers [that] are not “empty” pursuant to [former] WAC…”

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