Exemption for Residues of Hazardous Waste in Empty Containers and Tanks

(1) Any residue of hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in 310 CMR 30.106(2), is not subject to regulation under 310 CMR 30.000. Any residue of 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 310 CMR 30.106(2), is subject to regulation under 310 CMR 30.000. (2) Definition of Empty. (a) A container or an inner liner removed from a lined container that has held any hazardous material or hazardous waste, except a waste that is a compressed gas or that is listed or otherwise described in 310 CMR 30.136, is empty if: 1. 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 2. no more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner; or 3. no more than 3% 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 4. no more than 0.3% 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. (b) A container that has held a hazardous material or hazardous waste that is a compressed gas is empty when the pressure in the container is substantially at atmospheric pressure. (c) A container or inner liner removed from a lined container that has held a hazardous waste listed or otherwise described in 310 CMR 30.136 is empty if: 1. the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing intermediate; or 2. 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, 3. in the case of a lined container, the inner liner that prevented contact of the commercial chemical product or manufacturing intermediate with the container has been removed. (d) A paper bag which: 1. has contained a hazardous material or a hazardous waste, except for a waste listed in 310 CMR 30.136, is empty if all wastes have been removed that can be removed by shaking or using equivalent means to ensure that all wastes have been removed to the extent feasible. 2. has contained a hazardous material or a hazardous waste listed in 310 CMR 30.136 shall never be deemed an "empty container". (3) A tank that contained non-acutely hazardous waste and that has been disconnected such that it is no longer stationary is considered a container and is empty if there is no evidence of free flowing liquid or hazardous waste residuals as determined by the generator based on testing or knowledge of the waste. For tanks that accumulated wastes listed in 310 CMR 30.136, the tank is considered an empty container if it has been disconnected and the requirements of 310 CMR 30.106(2)(c) are satisfied.