7 Del. Admin. Code § 1302-261-A-261.7

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-261-A-261.7 - Residues of hazardous waste in empty containers

(a)

(1) Any hazardous waste remaining in either:

(i) an empty container or

(ii) an inner liner removed from an empty container, as defined in paragraph (b) of this section is not subject to regulation under Parts 261 through 266, or Parts 268, 122 or 124 of these regulations or to the notification requirements of 7 Del.C.,§§ 6304, 6306 & 6307.

(2) Any hazardous waste in either (i) a container that is not empty or (ii) an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section, is subject to regulation under Parts 261 through 266, and Parts 268, 122 and 124 of these regulations and to the notification requirements of 7 Del.C.,§§ 6304, 6306 & 6307.

(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 or 261.33(e) of these regulations 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 or 261.33(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 chemicals 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 of manufacturing chemical intermediate with the container, has been removed.

(c) Containers of hazardous waste pharmaceuticals are subject to § 266.507 for determining when they are considered empty, in lieu of this section, except as provided by § 266.507(c) and (d).

(Amended November 21, 1985; August 10, 1990, August 1, 1995; August 21, 2006)

7 Del. Admin. Code § 1302-261-A-261.7

15 DE Reg. 862 (12/01/11)
22 DE Reg. 678 (2/1/2019)
24 DE Reg. 711 (1/1/2021)(final)