---
kind: "section"
citation: "40 C.F.R. § 261.7"
title: "40"
number: "261.7"
heading: "Residues of hazardous waste in empty containers."
url: "https://uscodex.org/cfr/40/261.7"
---

# §261.7. Residues of hazardous waste in empty containers.

- (a)
  - (1) **Any hazardous waste remaining in either—** an empty container; or an inner liner removed from an empty container, as defined in [paragraph (b)](#b) of this section, is not subject to regulation under parts [261](/cfr/40/part261.md) through [268](/cfr/40/part268.md), 270, or 124 this chapter or to the notification requirements of [section 3010](/cfr/40/3010.md) of RCRA.
  - (2) Any 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 [paragraph (b)](#b) of this section, is subject to regulation under parts [261](/cfr/40/part261.md) through [268](/cfr/40/part268.md), 270 and 124 of this chapter and to the notification requirements of [section 3010](/cfr/40/3010.md) of RCRA.
- (b)
  - (1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in §§ [261.31](/cfr/40/261.31.md) or [261.33(e)](/cfr/40/261.33.md?p=e) of this chapter is empty if:
    - (i) 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
    - (ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or
    - (iii)
      - (A) No more than 3 percent 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
      - (B) No more than 0.3 percent 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.
  - (2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.
  - (3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in §§ [261.31](/cfr/40/261.31.md) or [261.33(e)](/cfr/40/261.33.md?p=e) is empty if:
    - (i) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;
    - (ii) 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
    - (iii) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.
- (c) Containers of hazardous waste pharmaceuticals are subject to [§ 266.507](/cfr/40/266.507.md) for determining when they are considered empty, in lieu of this section, except as provided by § [266.507(c)](/cfr/40/266.507.md?p=c) and [(d)](/cfr/40/266.507.md?p=d).

## Notes

### Amendments

[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 7, 1986; 70 FR 10815, Mar. 4, 2005; 70 FR 53453, Sept. 8, 2005; 75 FR 13002, Mar. 18, 2010; 84 FR 5939, Feb. 22, 2019]

### Authority

Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938.

### Source

Source: 45 FR 33119, May 19, 1980, unless otherwise noted.

### Amendments

[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 7, 1986; 70 FR 10815, Mar. 4, 2005; 70 FR 53453, Sept. 8, 2005; 75 FR 13002, Mar. 18, 2010; 84 FR 5939, Feb. 22, 2019]