Emptying and documenting drums and totes before you sell them

A drum or tote is only a container sale once it is empty. For containers that held hazardous waste, federal rules (40 CFR 261.7) define empty as all contents removed by normal means, with no more than 1 inch of residue, or 3 percent by weight for containers of 119 gallons or less (0.3 percent above that). Acutely hazardous residues require triple rinsing. Keep a record of what each container held.

What does "empty" mean under federal rules?

Under 40 CFR 261.7, a container that held hazardous waste (other than a compressed gas or an acutely hazardous waste) is empty when all wastes have been removed using the practices commonly employed to remove materials from that type of container (pouring, pumping, aspirating), and either:

• no more than 2.5 centimeters (1 inch) of residue remains on the bottom, or
• no more than 3 percent by weight of the total capacity remains, for containers of 119 gallons or less, or
• no more than 0.3 percent by weight remains, for containers larger than 119 gallons.

Containers that held an acutely hazardous waste must be triple rinsed with a suitable solvent, cleaned by another method shown to be equivalent, or have their inner liner removed. State rules can be stricter, so check with your state environmental agency.

This is a summary, not legal advice. Read the regulation and your state’s rules for your situation.

How should you drain drums and totes?

1. Use or ship remaining product where possible.
2. Drain by the container’s normal method: pour, pump or open the valve, tilting to get the last of it.
3. Collect drained material in a proper container and manage it as the product or waste it is.
4. Rinse if required (triple rinse for acutely hazardous residues) and manage the rinsate properly.
5. Close bungs, valves and lids so nothing drips in transport.

What records should you keep?

• What each group of containers held (product name, and the safety data sheet if available)
• How and when they were emptied, and by whom
• Rinsing records, where rinsing was required
• Leave original labels on. They are the easiest record for the next handler.

In the lot builder, put the previous contents in the line’s size or notes. A clear description is what decides whether a line can be quoted for reuse.

Sources

• 40 CFR 261.7: Residues of hazardous waste in empty containers