RCRA Empty and California Empty
Containers that have been contaminated with hazardous waste are exempted if they are empty. There are two measures to determine if a container is empty:
According to federal regulations, a container is considered empty when all wastes are removed using common practices and:
A RCRA-empty container may be managed as a non-hazardous waste under the federal rules but it is still considered hazardous waste in California.
In California, a RCRA-empty container is still a hazardous waste unless it also meets the Title 22 CCR requirements for “empty”.
If a container meets the “drip/dry” standard, the “empty” container may be managed as follows:
40 CFR 261.7
40 CFR 261.31, 261.32, and 261.33(e)
Title 22 CCR §66261.7
RCRA Listed Hazardous Waste Delisting Other Listed Waste (Article 4.1) California Listed Mixture Rule