RCRA Empty and California Empty

Containers or inner liners removed from containers, that have been contaminated with hazardous waste are exempted from hazardous waste regulations if they are considered empty. There are Federal and California requirements a container or inner liner must meet in order to be considered empty: 

RCRA Empty

According to federal regulations¹, a container or inner liner removed from a container that held any hazardous waste, is considered empty when it meets the following requirements:

• All wastes have been removed using practices commonly used to remove wastes from that type of container, and
• No more than 2.5 cm (1 inch) of residue is remaining in the container, or
  • Containers less than or equal to 119 gallons must have no more than 3% residue by weight of the total capacity of the container remaining in the container, or
  • Containers over 119 gallons must have no more than 0.3% residue by weight of the total capacity of the container remaining in the container
• Compressed gas cylinders are considered empty when the pressure in the container approaches atmospheric pressure.
• Containers or inner liners that held acutely hazardous waste must be:
  • • Triple rinsed using a solvent capable of removing the waste, or
    • Cleaned by a method that has been show in scientific literature, or tests performed by the generator, to achieve equivalent removal, or
    • A container that had an inner liner, in which the liner has been removed, was not in contact with the waste.

Note: A RCRA-empty container may be exempt from hazardous waste regulations under the federal rules but may still be considered a fully regulated hazardous waste in California.

California Empty

In California, a RCRA-empty container is still a hazardous waste unless it also meets the requirements of 22 CCR section 66261.7 for “empty²” containers.

Containers That Held Pourable Materials

• A container or inner liner removed from a container is “California empty” when all pourable wastes are removed by viable means such as pouring, pumping, or aspirating.
• When the container is inverted, a continuous stream is not observed.

Containers That Held Non-Pourable Materials

• A container or inner liner removed from a container is “California empty” when all non- pourable wastes are removed by viable means such as scraping, and chipping.
• Non-pourable material include, but are not limited to, viscous materials and dried/caked on materials.

Containers That Held Acute or Extremely Hazardous Waste

• A container or inner liner removed from a container that previously held an acute or extremely hazardous waste is “California empty” when it has been triple rinsed or cleaned by an equivalent method.
• Triple rinsing may require authorization by DTSC or your local CUPA.

Empty Container Management

In order to qualify for exemption from hazardous waste management, an empty container must be managed in one of the following management practices:

• Containers made from porous or absorptive materials, such as cloth or wood cannot be managed under the empty container management standards if the container came in direct contact with the hazardous material.
• A container of 5 gallons or smaller may reclaimed for scrap value onsite, sent off for reclamation, reconditioned onsite, or disposed of in a non-hazardous landfill.
• A container larger than 5 gallons must be reclaimed for scrap value on site or sent offsite for reclamation, reconditioned, remanufactured or refilled.
• Aerosol containers must be emptied to the maximum extent under normal use and compressed gas cylinders must be at atmospheric pressure to be considered “California empty”.