.07 Residues of Hazardous Waste in Empty Containers.

A. General.

(1) Hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in §B of this regulation, is not subject to regulation under this subtitle, unless it is determined by the Secretary that sufficient amounts of the hazardous waste remain to pose a potential threat to human health or the environment.

(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 §B of this regulation, is subject to regulation under this subtitle.

B. Definition of Empty.

(1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is compressed gas or that is identified in Regulations .16—.19 of this chapter as an acute hazardous waste, is empty if all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating, and either:

(a) Not more than 2.5 centimeters (1 inch) of residue remain on the bottom of the container or inner liner; or

(b) One of the following conditions is met:

(i) Not 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

(ii) Not more than 0.3 percent by weight of the total capacity of the container or inner liner 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 identified in Regulations .16—.19 is empty if:

(a) The container or inner liner has been triple rinsed using a solvent capable of removing the hazardous waste;

(b) 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

(c) In the case of a container, the inner liner that prevented contact of the hazardous waste with the container has been removed.