Managing Empty Containers

Regulatory Assistance Officer’s Introduction

The Department of Toxic Substances Control (DTSC) has prepared this fact sheet to provide an overview of general information about the management of empty containers.  Throughout this fact sheet, citations from the California Code of Regulations and the California Health and Safety Code are linked to databases containing those citations.  If you generate hazardous waste, you should consult with your Certified Unified Program Agency (CUPA).  Finally, DTSC strongly encourages all businesses generating hazardous waste to consider waste minimization, source reduction and pollution prevention.

Background

Properties throughout California have been contaminated because containers holding residual hazardous materials at the sites were not managed properly.  Ironically, operators at many of these sites were recycling and reconditioning drums and containers, activities that we would like to encourage.  Since much of the contamination at drum reconditioning sites resulted from mismanaging hazardous material residues that were removed from “empty” containers, DTSC developed regulations that set forth a definition of “empty container.”  These regulations establish management practices, which, if met, exempt “empty” containers from further regulation under the hazardous waste regulations.  Only containers that once held hazardous materials or hazardous wastes are subject to these regulations.  The regulations are found in Title 22, California Code of Regulations, section 66261.7.

Definition of a Container:

A container is any portable device in which material can be stored, handled, treated, transported, recycled, or disposed of.  The definition of container is found in California Code of Regulations, Title 22, section 66260.10.  Containers range in size from small lab bottles to trucks and rail cars, but the most common containers used for hazardous waste and hazardous materials management are 55 gallon steel or plastic drums and inner liners from these drums.  The empty container management requirements discussed in this fact sheet pertain to containers and their liners that are 119 gallons or less in volume.  Those who manage containers with a capacity of greater than 119 gallons (“bulk containers”) must follow the requirements given in California Code of Regulations, title 22, section 66261.7(p).  

Definition of an “Empty” Container:

The strategy adopted by DTSC to define an “empty” container or container liner was to establish standards that require the generator (the person who uses the contents of the container) to empty the container of material as much as is reasonably possible.  This standard is more stringent than the federal empty standard (found in Title 40 Code of Federal Regulations, section 261.7), which allows up to one inch or 3% of the total weight of the container’s contents to remain in the container.  The California regulation sets three standards to define an empty container, each based on the type of material held by the container:

Containers That Held Pourable Materials:

For containers that held a material that can be readily poured, all material must be removed by any practicable means (including draining, pouring, pumping or aspirating) before the container can be considered empty.  In regards to draining, a container is empty when there is no longer a continuous stream of material coming from the opening when the container is held in any orientation (see the first question in the list of commonly asked questions at the end of this document). 

Containers Holding Non-Pourable Materials:

For containers that previously held materials that are non-pourable, no hazardous material shall remain in the container that can feasibly be removed by physical methods, including scraping and chipping, but not rinsing.  This standard applies to materials that pour slowly or don’t pour at all from the container, including, but not limited to, viscous materials, solids which have “caked up” inside the container, and non-pourable sludges.

Containers Holding Acute or Extremely Hazardous Waste:

Containers which previously held acute or extremely hazardous waste are considered empty only if the container has been triple-rinsed using a solvent capable of removing the material, or cleaning by another method which is proven to achieve equivalent removal to triple-rinsing.  These activities may require formal authorization (permitting) by DTSC or the CUPA.  This standard is similar to the federal standard.

Management Practices

In order to retain the exemption from regulation, “empty” containers must be managed according to the following management practices:

• By reclaiming the container’s scrap value onsite;
• By sending the container to a person who reclaims the container’s scrap value;
• By reconditioning or remanufacturing the container onsite; or
• By shipping the container to a person who reconditions or remanufactures the container.

Note that it is not mandatory for generators to manage empty containers under the provisions of this section.  The section allows the generator to use management standards that are less stringent than hazardous waste standards.  A generator may instead decide to recycle containers onsite per the subsequent onsite accumulation of waste oil or other compatible waste or product.

Containers Being Sent Back to the Manufacturer for Refilling:

Containers that are sent back to the supplier for the purpose of being refilled are exempt from DTSC regulations if all of the following requirements are met:  

• The container was last used to hold a hazardous material acquired from a supplier of hazardous materials; 
• The container is empty per the federal standards in Section 261.7 of Title 40 of the Code of Federal Regulations; 
• The container is returned to a supplier of hazardous materials for the purpose of being refilled, as long as the supplier’s reuse of the container is in compliance with the Department of Transportation (DOT) requirements for shipping containers found in Section 173.28, Title 49, Code of Federal Regulations;  
• The container is not treated prior to being returned to the supplier of hazardous materials, except as authorized by section 66261.7. 
• The container is not treated (except as authorized section 66261.7) by the supplier of hazardous materials without obtaining specific authorization from the Department; and 
• The container is refilled by the supplier with hazardous material which is compatible with the hazardous material which the container previously held unless the container has been adequately decontaminated.

Containers of Five Gallons or Less In Capacity:

“Empty” containers of five gallons or less in capacity can be managed by one of the following methods:

• By reclaiming the container’s scrap value onsite;
• By sending the container to a person who reclaims the container’s scrap value;
• By reconditioning or remanufacturing the container onsite; or
• By shipping the container to a person who reconditions or remanufactures the container;
• By disposing of the container at an appropriate solid waste facility;

 An “appropriate solid waste facility” is one that can accept the empty, unrinsed containers.  Some solid waste facilities and municipal waste haulers will not accept empty, unrinsed hazardous materials containers, so generators should check with their local solid waste management agencies before disposing of these containers as solid wastes.

Special Provisions for Specific Containers

Household Containers

Emptied household hazardous material and pesticide containers with a capacity of five gallons or less are exempt from regulation if the container was emptied by removing all of the contents that can be removed using practices commonly employed to remove materials from that type of container.

Compressed Gas Cylinders

Compressed gas cylinders are exempt from regulation when the pressure in the cylinder approaches atmospheric pressure.

Aerosol Containers

Aerosol containers are exempt from regulation when the container is emptied to the maximum extent practical under normal use provide that: 

• The empty can is not regulated by the federal law under the Resource Conservation and Recovery Act (RCRA); and
• The aerosol container did not previously hold an acute or extremely hazardous waste.

Aerosol containers with hazardous material remaining in the container, including those due to a clogged nozzle, damaged valve, or loss of propellant, are not exempt from regulation and must be managed as hazardous wastes or managed as universal wastes pursuant to California Health and Safety Code section 25201.16. 

Containers Made of Absorptive Materials:

Containers made of absorptive materials such as wood, cardboard, cloth or paper cannot be exempt from regulation if the container was in direct contact with and has absorbed the hazardous material.

Pesticide Containers from Commercial Farms

Pesticide containers or the inner liners from pesticide containers that have been generated by commercial farming operation do not have to be regulated as hazardous waste if they are managed according to California Code of Regulations, title 22, section 66262.70.  The containers must be emptied by removing all of the contents that can be removed by draining, pouring, pumping, or aspirating.  The containers then must be triple-rinsed with a liquid capable of dissolving the pesticide that the containers held.  The rinsate must be managed properly, such as placing it back into the pesticide sprayer for application.  After triple-rinsing, the containers must be punctured, shredded, crushed, or otherwise changed so as to prevent subsequent use or reuse.  They then can be disposed of, recycled by reclaiming their scrap value or reused in accordance with the provisions of Health and Safety Code section 25143.2(d)(6).

Bulk Containers

Bulk containers are those with a capacity of greater than 119 gallons, including tanker trucks, rolloff bins and railroad cars (see the definition in California Code of Regulations, title 22, section 66260.10).  They are included in the contaminated-container regulations, but the requirements are different from smaller containers because they are not normally discarded.  If you manage bulk containers, be sure to carefully read the regulations relating to them found in the California Code of Regulations, title 22, section 66261.7(p).

Items Not Considered Containers by this Regulation:

Some containers are regulated by other sections of the federal regulations, the California Code of Regulations or the California Health and Safety Code, so the standards outlined in the contaminated container regulations cannot be used to exempt them from regulation.  The contaminated container regulations do not apply to the following items: 

• Used oil filters are managed per California Code of Regulations, title 22, section 66266.130)
• PCB (polychlorinated biphenyl)-contaminated electrical equipment (transformers, circuit breakers, etc.) managed under:
• 40 Code of Federal Regulations section 761.60: Federal Toxic Substance Control Act requirements for PCBs, 
• California Code of Regulations, title 22 sections 66261.24(a)(2): Soluble Threshold Limit Concentration and Total Threshold Limit Concentration values, 66268.29(b)
• California PCB Land Disposal Requirements, and 67426.1 through 67429.1 (management of PCB light ballasts).
• Chemotherapy drug intravenous bags and delivery tubing are managed as medical waste per Chapter 6.1 of division 20 of the Health and Safety Code. The California Department of Public Health’s Medical Waste Management Program regulates medical waste.

COMMONLY ASKED QUESTIONS

Definition of “Empty”

Management Practices

Aerosol Containers

Permit Requirements

Do I need a formal grant of authorization (permit) from DTSC to conduct the following activities:

General Questions

DTSC Regulatory Assistance Officers role is to provide informal guidance regarding management of hazardous waste for the convenience of the public.  Such advice is not binding upon DTSC, nor does it have the force of law.  If you would like a formal opinion on a matter by DTSC, please contact the responsible program office directly.   You should also refer to the statutes and regulations, DTSC Policies and Procedures, and other formal documents.

We also encourage you to complete a Cal/EPA Customer Service Survey so that we may improve our Regulatory Assistance Office.