[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR261.7]

[Page 56]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 261_IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
 
                            Subpart A_General
 
Sec. 261.7  Residues of hazardous waste in empty containers.

    (a)(1) Any hazardous waste remaining in either (i) an empty 
container or (ii) 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 265, or part 268, 270 or 124 of this chapter or 
to the notification requirements of section 3010 of RCRA.
    (2) Any hazardous waste in either (i) a container that is not empty 
or (ii) 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 265, and parts 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 Sec. Sec. 
261.31, 261.32, 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 110 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 110 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 Sec. Sec. 261.31, 261.32, 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.

[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]

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